AGREEMENT NO. 2 0 2 2- 2 0 T
INDEPENDENT CONTRACTOR' S AGREEMENT
Over $ 40, 000]
This INDEPENDENT CONTR, OR' S AGREEMENT (" Agreement") is made and entered into on OCT0 5 Z 21 by and between the ' CITY OF BAKERSFIELD, a municipal corporation ( referred to herein as " CITY"), and AAA OIL, INC., dba CALIFORNIA FUELS & LUBRICANTS a [ Corporation] authorized to do business in California ( referred to herein as " CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of fuel supply and delivery.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation ( defined below), CONTRACTOR shall perform the requirements of Bid No. 22- 23-03 and any addenda thereto, all incorporated as though fully set forth herein:
Invitation to Bid No. 22- 23- 03
Bid Proposal
Non - Collusion Affidavit
Certificate of Examination and Acceptance of Bid
Requirements
Workers Compensation Insurance Certificate
Statement of Compliance with Insurance Requirements
Statement of OSHA Compliance
All provisions required by law to be inserted in this
Agreement whether actually inserted or not
2. COMPENSATION/ PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (" Compensation") for a total payment of THREEMILLION SIX HUNDRED THOUSAND DOLLARS ($ 3, 600, 000) in accordance with the bid document.
3. TERM. Unless terminated sooner,. as set forth herein, this Agreement shall be INDEPENDENTCONTRACTOR'SAGREEMENT - Over $40,00d
S:\ Purchasing\ PURCH\ Kim\ Agreements 22- 23
September 16, 2022
Page1of10UORIGINAL'
valid for a one- year term beginning on or after October 5, 2022. The Agreement may be extended for four one ( 1) year increments under the same terms and conditions upon the mutual, written consent of CITY and CONTRACTOR.
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at: CONTRACTOR' s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate ( Bakersfield Municipal Code Chapter 5. 02) where required.
6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR' s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITYfor any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work._ CITY reserves the right to approve key personnel. Once the key personnel are approved, INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
S:\ Purchasing\ PURCH\ Kim\ Agreements 22-23
September 16, 2022
U
CONTRACTOR shall not change such personnel without CITY' s written approval.
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES.. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses . or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all [ ego[ requirements and industry standards observed by a specialist of CONTRACTOR' s profession in California.
14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771. 1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725. 5.
It is not a violation of Labor Code Section 1771. 1 for an unregistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business and Professions Code or by Section 10164 or 20103. 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725. 5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party' s right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
16. 1 Types and Limits of Insurance. In addition to any other insurance or INDEPENDENT CONTRACTOR' S AGREEMENT- Over $ 40, 000
S:\ Purchasing\ PURCH\ Kim\ Agreements 22- 23
September 16, 2022
Page3of 1(l O s
security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (" Basic Insurance Requirements").
16: 1. 1 Automobile liability insurance, providing coverage for owned, non - owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $ 1,000, 000 per occurrence.
16. 1. 2 Commercial - general liability insurance, unless otherwise approved by CITY's RiskManager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $ 1,000, 000 per occurrence.
The policy must:
16. 1. 2. 1 Provide contractual liability coverage for the terms of this Agreement;
16. 1. 2. 2 Provide products and completed operations
coverage;
16. 1. 2. 3 Provide premises, operations, and mobile
equipment coverage; and
16. 1. 2. 4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16. 1. 3 Workers' compensation insurance with limits of not less than 1,000, 000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker' s compensation or to undertake self- insurance in accordance with the
provisions of that code, and I will comply with such
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
S:\ Purchasing\ PORCH\ Kim\ Agreements 22- 23
September 16, 2022
AKF
O4!G ,N.ALC'
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR issubmitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents; employees, and designated volunteers.
16. 2 General Provisions Applying to All Insurance Types.
16. 2. 1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis or contain a deductible provision.
Subject to CITY' s advance approval, CONTRACTOR may
utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain
language, whether added by endorsement or contained
in the policy conditions, that prohibits satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means including other
insurance or which is intended to defeat the intent or
protection of an additional insured.
16. 2. 2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR' s insurance and must not
contribute with it.
16. 2. 3 The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by CITY's RiskManager, but in no' event less than A-: VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best' s A-: VII, must be declared prior to execution of this Agreement and approved by CITY in_ writing.
16. 2. 4 The insurance' required in this section must be maintained until the Scope of Work is satisfactorily completed as
gAKF
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000 Page 5 of 10 S:\ Purchasing\ PURCH\ Kim\ Agreements 22- 23 rri
September 16, 2022
r
ORGWALL
evidenced by CITY' s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
16. 2. 5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
16. 2. 6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16. 2. 7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third - party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY' s officers, agents and employees against any - and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY' s sole active negligence or willful misconduct.
19. ASSIGNMENT. Neither this Agreement nor any rights,. interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement ( including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, gAPCc9
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000 Page 6 of 10- S:\ Purchasing\ PURCH\ Kim\ Agreements 22- 23 t= r
September 16, 2022 U
ORIGINAL
obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and .. other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder and made available to CITY representatives upon request at any time . during regular business, hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25: EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not - actually attached.
26. FURTHER• ASSURANCES. Each party shall execute and deliver - such papers, documents, and instruments, and perform such acts as are necessary or INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
S:\ Purchasing\ PURCH\ Kim\ Agreements 22- 23
September 16, 2022
gAK
ORICl;\t ^,
appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and- neuter, and the singular number includes . the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. ' This Agreement may be modified only in a writing approvedby the City Council and signed by all the parties.
30. NON - INTEREST. No CITY officer or employee shall hold any interest in this Agreement ( California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: AAA OIL, INC.
dba CALIFORNIA FUELS & LUBRICANTS
11621 Westminster Avenue
Garden Grove, CA 92843
714- 530- 4795
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies - thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000
S:\ Purchasing\ PURCH\ Kim\ Agreements 22- 23
September 16, 2022
o``
AK
9s
M
r—
preparation, become CITYproperty.
34. TAX NUMBERS.
CONTRACTOR' s Federal Tax ID Number 66- 0593652
CONTRACTOR is a corporation? Yes X No
Please check one.)
IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY' " CONTRACTOR"
CITY OF BAKERSFIELD AAA OIL, INC.
Dba CALIFORNIA FUELS & LUBRICANTS
By: 44-1
KAREN GOH
Mayor
By.
v
Print Name:
Title: c r V
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
qI
H RUDNICK
uty City Attorney
Insurance.
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
GREGGYTRAKALUSE
Public Works Director
gAKF9
INDEPENDENT CONTRACTOR' S AGREEMENT — Over $ 40, 000 Page 4 of 10 O S:\ Purchasing\ PURCH\ Kim\ Agreements22- 23 > n
September 16, 2022 ~ r—
CRONIA
COUNTERSIGNED:
2 RAW MC
Finance Dir
o`` AKC9s
INDEPENDENT CONTRACTOR' S AGREEMENT - Over $ 40, 000 Page 10 of 10 > S:\ Purchasing\ PURCH\ Kim\ Agreements 22-23
F—
r
September 16, 2022 U O
Qr, iCii i-,
4.1 x
INVITATION TO BID
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL
TRUCK/ TRAILER LOAD QUANTITIES
INQUIRIES: Direct questions for clarification of this Invitation to Bid to:
Kim Berrigan, Purchasing Officer
Telephone: 661. 326. 3744
Fax: 661. 852. 2100
E- Mail: kberriga@bakersfieldcity. us
SUBMITTAL: One ( 1) signed original and one ( 1) copy of the bid must be received on or before:
11: 00 a. m., September 13, 2022
Bids received after the time and date stated above shall be returned unopened to the bidder.
Addressed to: Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, California 93301
Mark envelope: " A/ C Fuel'
Use label included as a part of the Invitation to Bid)
gAKC
o s,
fn
Annual Contract for Fuel, Bid No. 22- 23- 03 PageCEIG! NAL
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
INVITATION TO BID
NOTICEIS HEREBYGIVENthatthe Cityof Bakersfieldinvites, andwill receivesealedbidsfor providing:
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES Bids will be received until 11:00 a.m., September 13, 2022 at the office of the Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301. Bids shall be clearly marked as A/ C Fuel". The City shall not be responsiblefor bids receivedlate due to Offeror's failureto identifythe bids required hereunder.
Bid documents may be inspected and obtained by calling 661-326-3746. Inquiries regarding further informationaboutthe Invitationto Bidshouldbe directedto KimBerrigan, PurchasingOfficerat 661-326- 3744. Inquiries regarding directions to the office of the Purchasing Officer may be directed to the Mr. Edwin Bonilla at 661- 326- 3746.
A Certified Check, Cashier' s Check or Bidder' s Bond in the amount of ten thousand dollars ($ 10, 000) made payable to the City of Bakersfield, shall accompany each bid.
The City hereby affirmatively ensures that disadvantaged business enterprises will be afforded full opportunity to submit a bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract.
City of Bakersfield reserves the right to reject any or all bids, to waive any irregularities or informalities not affected by law, to evaluate the bids submitted and to award the contract according to the proposal which best serve the interests of said City. The City also reserves the right to change or limit the scope of this project at any time.
Dated this 24th day of August 2022 at Bakersfield, CA
By: & PYU10") e417
Kim Berrigan, Purchasing Officer
Bakersfield, California
o
0Ak`
9 m
Cif!0!,' Ifii'
Z:'
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 2
KEY INFORMATION
BID NO. 22- 23- 03 ~ ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
I
Kim Berrigan, Purchasing Officer
1600 Truxtun Avenue, Second Floor
Information Bakersfield, CA 93301
Sole Point of Contact 661. 326. 3744
661. 852. 2100 ( Fax)
kberriga@bakersfieldcity. us
FinalQuestionsand CommentsDue I
5:
00p. m., September9, 2022Bid
Due Date 11: 00 a. m., September13, 2022 Bid
SecurityRequired X] Yes $10, 000 [ ] No Attached
to bid) I
Numberof Copiesof One Signed (1) Originaland One ( 1) i Bid Due to PurchasingCopy of theBid Forms (Pages 25- 34) Estimated City CouncilApproval
Date October
5, 2022This
Invitationto Bid is comprisedof 34 pages, includingthe coversheet and draft contract.
Contractor is solelyresponsiblefor insuringthat all pageshave been received. If thisbid packageis missingpages, immediatelycontact the PurchasingDivision at 661- 326- 3746. City
Councilagendas are postedseventy-two hoursin advanceof themeetingon the City of Bakersfieldwebsite at, www.bakersfieldcitv.us . Click on " Meetings & Agendas" under the drop -down menu titled OUR GOVERNMENTs in
r
ORIGINAL
Annual
Contract for Fuel, Bid No. 22- 23- 03 Page 3
INSTRUCTIONS TO BIDDERS
BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
1. These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsiblefor insuringthat all pagesand all addendaare received. Bidderis advisedto closelyexaminethis Invitation to Bidpackage, andto immediatelydirectanyquestionsregardingthe completenessofthis Invitationto Bidpackageand any addendathereto to the PurchasingDivision. Unless otherwisedirected in writing by the Purchasing Division, the biddermustsubmitall bid responseson the bid responseformprovidedwiththis Invitationto Bid. The City of Bakersfield will not accept bid responses on bidder' s letterhead and/ or quotation forms.
2. All information requested of the Supplier shall be entered in the appropriate space( s) on the Bid Form. Failure to do so may disqualify your offer.
3. All information shall be typewritten or entered in ink. Mistakes may be crossed out and corrections inserted before submission of your bid. Erasures, type- overs, white -outs and all other corrections and/or modifications shall be initialed in ink by the person signing the bid.
4. Bids will not be accepted unless signed ( not typed) in the appropriate space( s) by an authorized officer or employee of the Supplier.
5. To be considered, bids must be submitted in a sealed, properly -markedenvelope, by, or prior to, the closingdate and time specified. It is the sole responsibility of the bidder to see that their bid is submitted in the proper time. Any bids received after the closing date shall be returned, unopened, to the bidder, provided the request number, opening date, and bidder' s return address are on the envelope. Bids submitted by facsimile or electronic mail will not be accepted.
Bid Due Date: September 13, 2022 @ 11: 00 a.m.
6. Corrections and/or modifications received after the closing time specified will not be accepted.
7. Prices submitted by Supplier are considered accurate and cannot be withdrawn after the bid is closed.
8. Upon submission of bid documents, all such documents shall become the property of the City of Bakersfield.
9. Provide any other information not specifically requested which may be considered by the Purchasing Officer. However, the Purchasing Officer is not obligated to consider any information not specifically requested in this Invitation to Bid.
10. The City shall not be responsible for any error or omission in the bid submitted by Supplier.
11. Prices shall remain open and valid, subject to acceptance for one -hundred twenty ( 120) days after bid closing date. Any bid for which the Supplier specifies a shorter acceptance period may be rejected.
12. Prices will be considered Net- 45 Days if no cash discount is shown.
13. Time of delivery shall be stated as the number of calendar days following the receipt of order by the Supplier, to the receipt of goods or services by the City of Bakersfield. Time of delivery may be a consideration in the evaluation of the award of the contract or order.
14. The words " Bidder", " Supplier" and "Vendor" are used interchangeably throughout this Invitation to Bid, and are used in place of the person, firm or corporation submitting a bid on the specifications, or any part thereof
15. Bids should be mailed or delivered to: Purchasing Division City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301
16. Any contract awarded pursuant to this Invitation to Bid shall be awarded to the lowest responsive and responsible bidder.
A " responsive bidder" is a person, firm or corporation who has submitted a bid response which conforms in all material respects to the Invitation to Bid, including all terms, conditions and specifications. A " responsible bidder" is a person, firm or corporation having the capacity in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.
y
F m
r
CY
ORIGINAL
o
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 4
GENERAL TERMS AND CONDITIONS
BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The Cityof Bakersfieldis requestingbidsfromexperiencedandreputableSuppliersfor providinganAnnual Contract for Fuel, Truck/ Trailer Load Quantities in accordance with the specifications included herein. The requirements includeprovidingthe Citywith unleaded87 octaneand carb lowsulfurclear diesel. The contractmay be renewed annually thereafter for four (4) consecutive one-year periods at the City's option and upon mutually agreeable terms.
One ( 1) signed original and one ( 1) copy of the bid, signed by an official authorized to bind supplier, is to be submitted to the Purchasing Division, Attention: Kim Berrigan, Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301, on or before 11: 00 a. m., September 13, 2022.
2. INFORMATION
To ensure fair consideration for all bidders, the Purchasing Division is issuing this Invitation to Bid and is the sole point of contact for the Invitation to Bid. Unless otherwise directed, all communications, including meetings, conferences or technical discussions, regarding this Invitation to Bid should be directed to:
Kim Berrigan
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301
Telephone 661- 326- 3744 Fax 661- 852- 2100
Email kberriga@bakersfieldcity. us
Failure to adhere to this policy may be grounds for rejection of bids
3. QUESTIONS AND COMMENTS
Everyreasonableefforthasbeenmadeto carefullypreparethis Invitationto BidandtheScopeofWorkdescribingthe City's requirements hereunder. Bidders should carefully review this Invitation to Bid for defects and questionable or objectionable matter. Questions and comments regarding this solicitation must be submitted in writing, either by mail, e-mailorfacsimilenolaterthan5:00p.m., September9, 2022. Thequestioner's companyname, address, phoneand fax numbers and contact person must be included with the questions or comments. Questions and answers thereto shall be provided all prospective bidders in the form of an addendum, but the name of the bidders submitting questions shall not be disclosed
Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e-mail, telephone or fax and the answers thereto will not be shared with all potential Suppliers.
Submit questions or comments to the following address:
Kim Berrigan, Purchasing Officer
Telephone 661- 326- 3744 • Fax 661- 852- 2100
Email kberriqaCcDbakersfieIdcity. us
Questions, and the answers thereto, shall be provided to all prospective bidders Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e- mail, telephone or fax and the answers thereto will not be shared with all potential bidders.
4. ADDENDA TO THE INVITATION TO BID
Important Notice - Any revisions to the Invitation to Bid will be issued and distributed as addenda. The City will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment ( addendum) to the Invitation to Bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given.
Note: It is the responsibility of each bidder to ensure that they have a complete, up-to- date bid package, including any addenda, and that the City has their correct business name and address on file. If you have obtained this document from a source other than directly from the City of Bakersfield Purchasing Division, you are not on record as a plan holder. Any prospective bidder who obtained a set of bid documents from anyone other than the City is responsible for advising the City that they have a set of contract documents, thus BAKF4
s
Annual Contract for Fuel, Bid No. 22- 23- 03 page5
placing you on the plan holder' s list. The City takes no responsibility to provide addenda to parties not listed by the City as a plan holder.
If anyaddendaareissuedtothisInvitationto Bid, the Citywillattempttonotifyall prospectivebidderswhohavesecured same.
However, it will be the responsibilityof each bidder, priorto submittingtheir bid, to contactthe Purchasing Division at 661-326-3746 to determine if addenda were issued and to make such addenda a part of the bid. The City reserves the right to revise or amend the specifications up to the time set for opening the bids.
Bidders shall acknowledge receipt of any addenda to the solicitation by signing and returning the addenda with the bid andbyidentifyingtheaddendanumbersanddatesinthespaceprovidedforthispurposeonthebidform. Anyaddenda or bulletins issued shall constitute a part of the contract documents.
If bidder submits a bid to the Purchasing Division prior to receipt of any addendum, the bidder shall fax the addendum acknowledgement to 661-852-2100. The faxed acknowledgement shall become a part of the bidder's bid as though submitted with the bid.
5. BID DOCUMENTS
Nobidwillbereceivedunlessitismadeona bidformfurnishedbytheCity. Failureto submita bidontheformprovided shall be considered just cause for rejection of the bid. Modifications or additions to any portion of the bid or contract documentsmaybecausefor rejectionof the bid. However, the Cityreservesthe rightto decide, on a case -by -case basis, whether to reject as non -responsive, a bid with modifications or additions.
When a bid is signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a memberof a partnership, a "PowerofAttorney" mustbe onfilewiththe Citypriorto the dateandtimeset for receipt of bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.
6. EXCEPTIONS TO THE SPECIFICATIONS
Suppliersare welcome to discuss their products and/or exceptionsto the City's written specifications. Should it be more favorableto theCity, theCityretainstherightto waiveanypartoftheirownwrittenspecificationsinfavoroftheproposed alternatespecificationssubmitted by any contractor. The goods on which bids are submitted must, in all cases, be equal in quality and utility to those specified. In all instances, the Purchasing Officer shall be the final judge as to the acceptability of offered substitutes.
7. APPROXIMATE ESTIMATE
It is understoodthatthequantitiesprovidedhereinare "approximate" amountsbasedon previousyears' usageandare includedforthe purposeof comparisonof bids. The Citydoesnot guaranteea minimumor maximumquantityof any product to be purchased and reservesthe rightto purchasegreater or lesser quantities, as circumstanceswarrant.
8. PRICING
Unit or lump sum prices shall, with full consideration of all provisions, conditions, requirements and specifications contained and referenced herein, include all costs pertinent to the total work as specified.
9. TAXES
The City is not exempt from California State Sales Tax. The City will pay Use Tax directly to the State of California on purchases from out- of- state suppliers not registered with the State of California to collect State Sales Tax. The City is exempt from Federal Excise Taxes and will furnish exemption certificates upon request.
10. SUBMISSION OF BIDS
This solicitation has a firm date and time due. All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be time stamped as received by the Purchasing Division and the Purchasing Department's time clock shall be considered the official timepiece for the purpose of establishing the actual receipt of bids. It is solely the responsibility of the bidder to ensure that their bid is received by the City, in accordance with the solicitation requirements, prior to the deadline and at the place specified. In no event will a bid be considered if it is received after the bid closing date and time. Any bid received after the closing date will be returned, unopened, to the bidder, provided the bidder's return address is on the envelope. Notwithstanding any provision specified herein, the City reserves the right to extend the bid submittal deadline when it is in the best interest of the City.
A delivery label has been included as a part of the bid documents. Bids must be submitted under sealed cover and the delivery label must be attached to the envelope. The envelope shall also include the name and return address of the bidder. The City will not be responsible for bids received late due to Supplier' s failure to identify the bid as required hereunder.
If the bid is submittedby anymeansotherthan personaldelivery, biddersshouldallowampledeliverytimeto ensure the timely receipt of their bids. The City shall not be responsible for any delays in mail service or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of bid shall be made at the office specified in the InvitationtoBid. Deliveriesmadebeforethedateandtimedue, buttothewrongCityoffice, willbeconsiderwgn- Annual Contract for Fuel, Bid No. 22- 23- 03 Page
UORIGINP.L
responsive unless re -delivery is made to the office specified before the date and time due specified in the Invitation to Bid. Bids shall be mailed or delivered to:
Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301
Bidsmustremainopenandvalid, subjectto acceptancefor one -hundredtwenty (120) daysafter bid closingdateto allowtheCitysufficienttimetoevaluatebidsandrecommendawardof a contractto the CityCouncil. Anybidforwhich the bidder specifies a shorter acceptance period may be rejected. The bidder agrees that submission of a signed bid will be interpreted to mean bidder agrees to all the terms and conditions set forth in all the pages of this Invitation to Bid and is certification that the bidder will accept an award made to it as a result of the submission.
11. BIDDER' S POWER AND AUTHORITY
Bidder, in submitting a bid, warrants that it has full power and authority to comply with the requirements specified herein andwill holdthe City harmlessfrom and againstany and all loss, cost, liability, and expense (includingreasonable attorneyfees) arisingoutofanybreachofthiswarranty. Further, bidderaffirmsthatitwill notenterintoanyarrangement with any third party, which might abridge any rights of the City under this Contract.
12. EXAMINATION AND ACCEPTANCE OF CONTRACT REQUIREMENTS Beforesubmittinga bid, biddersmustsatisfythemselvesby personalexaminationof the bid documentsand by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City, upon which the bidder will rely.
The submission of a bid shall be considered conclusive evidence that the bidder has carefully investigated all conditions that affect, or may at some future date affect, the performance under the contract covered by this solicitation, and is satisfiedasto the character, quality, andquantitiesof materialsto besuppliedor workto be performedandas to the requirements of the Invitation to Bid. Submission of a bid shall also be evidence that the bidder is familiar with directives such as laws, codes regulations and ordinances that in any way affect prosecution of the work or persons engaged or employed in the work.
Nobiddershallat anytimeaftersubmissionof a bidmakeanyclaimor assertionthattherewasany misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract.
If the bidder receives an award as a result of this Invitation to Bid, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of a bid. Should the bidder feel there has been a supplemental or oral modification, it shall be the bidder' s responsibility to verify said modification in writing prior to submission of the bid.
The contents of the bid of the Successful Bidder shall become contractual obligations if procurement action ensues.
Failure to accept these obligations in a contractual agreement will result in cancellation of award and forfeiture of the Bidder's Bid Security, if said security is required under the contract. Conditional or qualified bids, unless specifically allowed, will be subject to rejection, in whole or in part.
13. MODIFICATION OF BIDS
Any bidder who wishes to make modificationsto a bid already received by the City mustwithdraw his bid in order to make the modifications. VUthdrawals must be made in accordance with the terms and conditions of this solicitation ( see Withdrawal of Bids). All modifications must be made in ink, properly initialed by bidder's authorized representative, executed, and submitted in the same form and manner as the original bid. It is the responsibility of the bidder to ensure that modified or withdrawn bids are resubmitted before the time announced for the opening of bids.
14. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the receipt of bids, only by written request for the withdrawal of the bid filed with the office of the Purchasing Officer. The bidder or his duly authorized representative must execute the request in writing on the bidder' s letterhead. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the receipt of bids.
15. RELIEF FROM BID
Should a bidder claim a mistake was made in its bid, bidder shall, within five (5) calendar days after the bid opening, give the City written notice of the alleged mistake and detail in said notice, the circumstances under which the mistake occurred. Final determination of relief from the bid shall be made by the City Council. gAKF O
fn
r
AnnualContractfor Fuel, BidNo. 22-23-03C? 11\(
16. EVALUATION AND AWARD OF CONTRACT
It is the intention of the City to award a contract to a bidder who furnishes satisfactory evidence of having the requisite experience, ability, sufficientcapital, and facilities to enable himto successfullyand properly prosecute the work or provide the specified materials and to complete the work or provide the materials within the time specified in the contract.
The City reserves the right to reject any and all bids without cause; to waive any requirements not affected by law, both the City' s and those proposed by the bidder; to waive any irregularities, informalities, minor defects or variations of a bid from the exact requirements of the specifications, not affecting the price, quality, quantity, delivery or performance time, in any bid or the bid process when it is in the best interest of the City to do so; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the bid of each bidder, so as to select the bidder which best meets the requirements of the City, thus insuring that the best interest of the City will be served.
Failure to meet the requirements of the Invitation to Bid may be cause for rejection of the bid. The City may reject the bid if it is deemed incomplete, contains irregularities of any kind, is offered conditionally or expresses exceptions or qualifications on the technical specifications. A bid that includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents may be subject to rejection as non -responsive. However, the City reserves the right to permit the bidder to withdraw non -conforming terms and conditions from its bid response prior to the determination of the City of non -responsiveness based on the submission of non -conforming terms and conditions.
The City reserves the right to reject the bid of any bidder who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses, or other monies due the City.
The bidder may be required before the award of any contract to show to the complete satisfaction of the City that it has the necessary licenses, equipment, facilities, experience, ability, capacity, skill and financial resources to provide the services or goods specified herein in a satisfactory manner. The bidder may be evaluated on the basis of character, integrity, reputation, judgment, experience and efficiency. The bidder may be required to give a past history and references in order to satisfy the City in regard to the bidder' s qualifications.
The City may make such investigation as it deems necessary to determine the ability of a bidder to furnish the required goods or services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the goods or services contemplated herein or; the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature.
Any material misrepresentation or material falsification of information provided to the City in the bid submission, or at any point in the bid evaluation process is basis for rejection of the bid. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the bid submission is material shall be made solely in the exercise of the City' s sound discretion.
Local Preference. A three percent ( 3%) local preference will be extended to those businesses located within the City of Bakersfield city limits. This policy is in accordance with Council Policy Resolution #026-12.
The City shall, whenever appropriate, grant a three percent ( 3%) bid preference in an amount not to exceed $ 9,000 to vendors located within the City limits submitting bids for proposed purchases of supplies, material, and equipment in accordance with the City' s bidding procedures as set forth in the Bakersfield Municipal Code. This preference shall only apply to local vendors who are the second lowest bidder and is only applicable to bids exceeding $ 40, 000. This policy will not be applied if it conflicts with Federal or State funding guidelines.
The term " vendors located within City limits' means any person ( including sole proprietorships, corporations, and partnerships) possessing a City of Bakersfield business license and a California State Board of Equalization sales tax permit number area coded so as to remit sales tax revenue to the City of Bakersfield, with a physical store front or business office located within the City limits of Bakersfield.
This deduction shall be in addition to the application of any other bid price preference authorized by the City Council.
The local preference percentage shall not apply to transactions required by State or Federal statutes or other such regulations to be awarded to the " lowest responsible bidder", or otherwise exempted from local preference.
Any person or business falsely claiming a local preference shall be ineligible to bid on City purchases or contracts for a period no less than one ( 1) year from the date of discovery of the false representation.
Discounts. Discounts will be considered in the evaluation of the bids; however discounts for payment in less than twenty ( 20) days may not be considered.
eAKE9
o - n
rnr
Annual Contract for Fuel, Bid No. 22- 23- 03 PaIGINALC-) Award of contract, if made, shall be made within one -hundred twenty (120) days to the responsive, responsible bidder meeting the specifications and requirements of the bid and having the lowest bid and satisfactory qualifications and performance record. While not an exhaustive list, the following criteria may be used in this determination:
1. Unit price or lump sum price.
2. Delivery time.
3. Company' s reputation and financial status.
4. Past experience, including bidder's performance on previous purchases by, or contracts with, the City.
5. Application of local and other preferences.
6. Discounts.
The decision as to which bidder is the lowest responsive, responsible and best qualified bidder shall be in the exclusive jurisdiction of the City, and its decision shall be final and binding on all parties. The City reserves the right to reject all bids if it is determined that the proposed pricing is not competitively priced with similar -sized cities or other governmental agencies within the State of California.
NOTE: Bids received from suppliers with documented unsatisfactory performance or unresolved issues or problems may not be considered for award. Additionally, supplier' s ability to receive future awards may be revoked should supplier exhibit a habitual pattern of non-compliance to the City's requirements and specifications.
AWARD OF CONTRACT FOR THE PURCHASE OF THE SUPPLIES, MATERIALS OR EQUIPMENT SPECIFIED HEREIN IS CONTINGENT UPON APPROVAL BY THE BAKERSFIELD CITY COUNCIL.
17. BID PROTESTS
Any protest of the award must be made under the procedure set forth in Bakersfield Municipal Code § 3. 20. 068. The protest must be made in writing and delivered to the City Clerk at 1600 Truxtun Avenue, Bakersfield, California 93301 with a copy to the City Purchasing Division and the City Attorney' s Office. The protest must set forth the specific reasons why the award is improper. The protest will be heard at the City Council meeting in which the award of the project will take place.
The protesting party must, at the time of the hearing before the City Council, fill out a speaker' s card and request to be heard at the public statement portion of the City Council agenda. The City Council meetings take place at 1501 Truxtun Avenue, Bakersfield, California 93301, unless the location is changed as allowed by law. Any questions concerning the procedures for filing a protest may be made by calling the City Clerk at ( 661) 326- 3767.
18. PURCHASE ORDER/ CONTRACT REQUIREMENT
Purchases of the City are authorized only if a signed purchase order or contract is issued in advance of order.
Contractors providing services or goods without a signed purchase order or contract do so at their own risk. The City will not be liable for payment for any services or goods provided by the Contractor unless a valid purchase order or contract has been issued to the Contractor.
A sample contract is included in this Invitation to Bid. Supplier will be required to execute a contract with the City which is substantially the same as the contract included in this Invitation to Bid. If any changes are desired, bidder must submit exceptions or exact contract modifications to the City one ( 1) week prior to the bid opening. The City is not obligated to accept such changes or modifications; however, if the changes are approved, the changes will be issued to all prospective bidders in the form of an addendum. Bidders will not be allowed to ' alter or negotiate contract language after the bid closing date and time.
The submission of a bid shall be considered conclusive evidence that the bidder has read and understands the requirements of this section and failure to execute the contract without alteration may result in the rejection of bidder' s proposal.
19. TERMS OF CONTRACT
The complete contract will include the entire contents of the Invitation to Bid and all pages that make up the bid solicitation, all addenda, all of successful Bidder' s submittals, as approved and accepted by the City, all supplemental agreements, all change orders, all bond( s), and any and all written agreements which alter, amend or extend the contract.
20. EXECUTION OF CONTRACT
Time is of the essence of this contract. The successful bidder shall execute the contract, including but not limited to signing all necessary documents and submitting evidence of insurance, within fifteen ( 15) days after the bid opening.
One copy of the contract will be returned to the Supplier after the City executes the contract. In case of failure of the Supplier to execute and return the contract and all required documents within the time allowed, the City may, at its option, consider that the Supplier has abandoned the contract and the contract will be awarded to the second lowest responsive, responsible bidder.
t--
m
Annual Contract for Fuel, Bid No. 22- 23- 03 PageORIQINAL"'
21. CONTRACTING AGENCY
The PurchasingDivisionwill administerthe contractresultingfromthis Invitationto Bid. The Citywill assignProject Managers who will oversee the day-to-day operations and work requirements related to this Invitation to Bid will be locatedin the variousdepartmentsto be servicedunderthis contract. However, the PurchasingOfficershallbe the finaljudgeconcerningissuesor mattersrelatedto contractinterpretationor problemsregardingthe terms, conditions or scope of the contract.
22. CONTRACT DURATION
Award, if any, resultingfromthis Invitationto Bid, shall be for a one (1) year periodand shall renewableannually thereafterfor four (4) consecutiveone-yearperiodsuponmutuallyagreeableterms. If eitherthe City or the Supplier electsnotto extendthe contract, or uponexpirationof the finalone-yearrenewalterm, the Suppliershallaidthe City in continuing, withoutinterruption, the requirementsof the contract, by continuingto performon a temporarybasis, when specifically requested to do so by the Purchasing Officer, for a specified term not to exceed six ( 6) months. Such continuance shall be subject to all terms and conditions of the contract, as if the City exercised a renewal option.
23. PRIMARY AND SECONDARY CONTRACTS
TheCitymaychooseto establishbothprimaryandsecondarycontractsrelatedto theworkspecifiedherein. A primary contract shall be issued to the lowest responsive, responsible bidder. A secondary contract will be issued to the second lowestresponsive, responsiblebidder. Citypersonnelwill utilizethe secondarycontractin the eventthatthe primary Supplieris unableto fulfillits obligationsto the Cityor whenit is deemedto bein the bestinterestof the Cityto utilize the secondarycontract. The intentof thisrequirementis to ensurethatthe City hasa continuous, reliableandtimely source of fuel as specified herein.
24. CONTRACT EXCLUSIVE
Theprovisionsof thecontractsor purchaseordersresultingfromthis bidshallin noway prohibitthe Cityfrommaking any incidental purchases from another Supplier for the same commodities listed herein.
25. INDEPENDENT CONTRACTOR
Supplier shall be legally considered an independent contractor and neither the Supplier nor its employees shall, under any circumstances, be considered servants or agents of the City; and the City shall be at no time legally responsible for any negligence or other wrongdoing by the Supplier, its servants or agents. The City shall not withhold from the contract payments to the Supplier any federal or state unemployment taxes, federal or state income taxes, Social Securitytax, or anyotheramountsfor benefitsto the Supplier. Further, the Cityshallnot provideto the Supplierany insurance coverage or other benefits, including Workers' Compensation, normally provided by the City for its employees.
26. INSURANCE
Supplierandhis/herinsurancecompanyshouldcarefullyreviewthe insurancerequirementsapplicableto thisjob. All requirements must be met before the City will allow work to commence on this contract. When performing work on property in the care, custody or control of the City, Supplier shall, at its expense, procure and maintain insurance with a State of California admitted surety with an A.M. Best's Insurance Rating of A:VII or better on all of its operations under this Contract for the duration of the work and the warranty period. Certificates of Insurance shall be provided within ten 10) consecutive calendar days after request. Failure to furnish the required certificates and endorsements within the time allowed will result in cancellation of award and forfeiture of the Bidder's Security, if said security is required under the contract.
Broad Form Commercial General Liability Insurance. Supplier shall carry broad form commercial general liability insurance in any combination of primary, excess or umbrella insurance, covering all operations by, or on behalf of, Supplier for the limits of liability not less than $ 1,000,000 per occurrence and in the aggregate, combined single limit for bodily injury and property damage. If the policy has a general aggregate limit, the aggregate limit shall apply separately to this project.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage occurrence" form CG 0001. Supplier' s coverage shall be " occurrence" coverage and not " claims made" coverage.
Coverage shall include, or be endorsed to include, products and completed operations and coverage for personal injury liability assumed under Contract. The policy shall also include coverage for liability arising out of the use and operation of any City -furnished equipment by Supplier, its personnel and others.
The City, its officers, appointed and elected officials, agents, employees and volunteers shall be named as additional insured on Supplier's policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office " Additional Insured - Owners, Lessees or Contractors ( Form B) endorsement Number CG 20 10 11
85."
Automobile Liability Insurance. Supplier shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol # 1 " any auto" ( form number CA 0001), in an amount not less than Annual Contract for Fuel, Bid No. 22- 23- 03 0 c.ETage10 rn
F- -
1,000,000per occurrencecombinedsingle limit for bodily injury and property damage. Thepolicyshallinclude coverageforliabilityarisingoutofthe useandoperationofowned, non -ownedandhiredautos, includingthe operation of City -furnished vehicles by Supplier its personnel and subcontractors.
Additional Insured. TheGeneralLiabilitypolicyis to containor beendorsedto namethe City, its officers, appointed andelectedofficials, agents, employeesand volunteersasAdditionalInsuredas respectstheliabilityarisingoutofthe activitiesperformedin connectionwiththiscontract. The coverageshall (a) be primarywith respectto anyinsurance orself-insuranceprogramsmaintainedbytheCity; (b) stipulatethatanyinsuranceorself-insurancemaintainedbythe City shallnot be calleduponto contributewith the Supplier's insurance (c) shall applyseparatelyto each insured againstwhomclaimis madeor suitis brought, exceptwith respectto the limitsof the insurer's liability; and (d) contain Standard Cross -liability provisions. Such additional insured endorsements maintained by the Supplier and its subcontractorsshall not be requiredto provide coveragefor City for the active negligenceof City. Original endorsements, signed by aperson authorized to bind coverageon its behalf, shall be furnished to the City by the successful bidder. All amendatoryendorsementsmust reference thepolicy number to which they refer.
With regard to additional insured requirements, the following specific language shall be utilized:
The City is named as additional insured for all liability arising out of the operations by or on behalf the named insured, and this policy protects the additional insured, its officers, appointed and elected officials, agents, employees and volunteersagainstliabilityforbodilyinjuries, deathsorpropertydamageor destructionarisingin anyrespectdirectly or indirectly in the performance of the contract. The inclusion of more than one insured shall not operate to impair the rightsof oneinsuredagainstanotherinsuredandthecoveragesaffordedshallapplyas thoughseparatepolicieshave beenissuedto eachinsured. Theinsuranceprovidedhereinis primaryandno insuranceheld or ownedby the City shall be called upon to contribute to a loss. This policy does not exclude explosion, collapse, underground excavation hazard or removal of lateral support."
Workers' Compensation and Employers Liability Insurance. Required if Supplier will be delivering goods or materials using his own employees. Workers' Compensation Insurance shall be provided as required by any applicable law or regulation. Employers Liability Insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, $ 1,000,000 policy limit for bodily injury by disease, and $ 1,000,000 each employee for bodilyinjuryby disease. The insurer shall waive all rights of subrogation against the City, its officers, appointed and elected officials, agents, employees and volunteers.
If there is any risk of injury to Supplier's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under other laws, regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Workers' Compensation Self - Insurance. In the event the Supplier is self - insured, he shall furnish a Certificate of Permission to Self -Insure, signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento, California.
Deductibles and Self - Insured Retention. Any deductibles or self -insured retention, or lack of insurance specified herein, insurance in lesser amounts than specified herein or insurance with a rating less than A.M. Best's A:VII, must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention or the Supplier shall procure a bond guaranteeing payment of losses and related investigations, claimadministrationanddefenseexpensesin anamountspecifiedbythe City.
Cancellation Clause. Each insurance policy required by this clause shall be endorsed to state that either party shall not cancel coverage, except after thirty (30) days' prior written notice has been given to the City. The following specific language shall be utilized:
Coverage by this policy shall not be reduced or cancelled without thirty (30) days written notice given to the City by certified mail."
All policies shall provide that there shall be continuing liability coverage thereon, notwithstanding any recovery on any policy.
Subcontractors. The City's insurance requirements shall apply to all subcontractors employed by Supplier under the work specified herein. The minimum limits of insurance specified herein shall apply to all subcontractors even though the City has approved lesser insurance requirements for the Successful Bidder.
Commencement of Work and Failure to Comply with Requirements. Original, signed certificates of insurance and original, separate endorsements, naming the City as additional insured for commercial general liability insurance and automobile insurance as well as a waiver of subrogation for Worker' s Compensation Insurance are to be received and reviewed by the City before any work is commenced hereunder by Supplier. An individual who is authorized to sign on behalf of the insurer, thus binding the insurer, shall sign the certificates and amendatory endorsements. The City reserves the right to require complete, certified copies of all required insurance policies at any time. o
aAKF^
Annual Contract for Fuel, Bid No. 22- 23- 03
ORIGINAL
1 In the event Supplier fails to comply with this section, the City may take such action as the City deems necessary to protect the City's interest. Such action may include but is not limited to termination of the Contract, withholding of payments, or other actions as the City deems appropriate. Furthermore, if at any time during the life of the contract, Supplier fails to maintain in full force any insurance required by the contract documents, the City may acquire the necessary insurance for the Supplier and deduct the cost thereof from the monies due the Supplier.
The insuring provisions included herein, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.
Original insurance certificates and endorsements are to be mailed or delivered to:
Ms. Olimpia Frederick
City of Bakersfield
1600 Truxtun Avenue, Second Floor.
Bakersfield, CA 93301
27. INDEMNIFICATION
CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR' s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY' s sole active negligence or willful misconduct.
28. WORKER' S COMPENSATION STATEMENT
Supplier shall, at the time of execution of the Contract, furnish to the City a statement certifying compliance with the workers' compensation provision of the California Labor Code. Such certification shall be substantially in the form included herein titled Workers' Compensation Certification. This form must be completed if Supplier will be delivering goods and materials as specified herein using Supplier' s employees.
29. CERTIFICATES AND LICENSES
Supplier represents and warrants that it shall, at the time the contract is awarded, possess at its sole cost and expense, keep in effect, or obtain at all times during the term of the contract, any licenses, permits and approval which are legally required for bidder to practice its profession and perform the work, or furnish any goods specified herein.
Without limiting the generality of the foregoing, if Supplier is an out-of- state corporation, Supplier warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
City of Bakersfield Business Tax Certificate. In accordance with the City' s Business License Tax Ordinance Municipal Code Chapter 5.02), Supplier shall be required, at his/ her own expense, to have a valid and current City of Bakersfield Business Tax Certificate prior to commencing work and throughout the term of the contract. However, a Business Tax Certificate is not required to submit a bid. For further information contact the City of Bakersfield at 661- 326- 3762.
30. PATENTS AND ROYALTIES
Bidder, in submitting a bid, covenants to save, defend, keep harmless and indemnify the City and all of its officers, departments, agencies, agents and employees from and against all claims, loss, damage, injury, fines, penalties and cost, including court costs and attorney' s fees, charges, liability and exposure, however caused, for or on account of any copyright or patented or unpatented invention, process or article manufactured or used in performance of the contract, including its use by the City. If the Supplier uses any design, device or materials covered by patent or copyright, it is mutually agreed and understood without exception that the contract price includes all royalties or costs arising from the use of such design, device or materials in any way in the work.
31. COMPLIANCE WITH LAWS
Supplier shall, in the performance of work under this contract, keep itself fully informed of and fully comply with all applicable federal, state or local health and safety laws, rules regulations, codes or ordinances including but not limited to those promulgated by CAL -OSHA, FED -OSHA, EPA, the State of California Department of Health Services and the County Environmental Health Department. Supplier shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or the materials or products supplied in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. If any discrepancy or inconsistency should be discovered between the contract and any such law, ordinance, regulation, order or decree, Supplier shall immediately notify the City in writing. Supplier shall be responsible for the compliance by subcontractors of all tiers, with these provisions. Supplier shall hold the City harmless from any liability resulting from failure of such compliance. In case of conflict between federal, state and local laws, rules, regulations, codes and ordinances, the Annual Contract for Fuel, Bid No. 22- 23- 03 Pa e®
AK c
2 TO
rn
ORIGINAL
moststringentshallapply. Failureto complywiththe requirementsof thissectionandrelatedsectionsmayresultin suspension of work.
CityReviewofSupplier's SafetyPractices. TheservicesoftheCityinconductingreviewandinspectionofSupplier's performanceis not intendedto includereviewof the adequacyof Supplier's work methods, equipment, or safety measures, in, on, or near the site or during the course Suppliers of work.
32. DAMAGE
Suppliershallbe heldresponsiblefor any breakage, lossor damageof the City's equipmentor suppliesor to property ownedbythe Cityor its customersthroughthe negligenceof the Supplieror its employeeswhileperformingthe work specified herein, working on the City's premises or delivering the products specified herein. Supplier shall be responsibleforrestoringorreplacinganyequipment, facilities, vegetation, etc., sodamaged. Suppliershallimmediately report to the City any damages to the premises resulting from services performed or products supplied under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this Contract.
33. REPORTING OF ANTI - COMPETITIVE PRACTICES
If, andwhen, for any reason, collusionor otheranti -competitivepracticesaresuspectedamongSuppliers, a noticeof therelevantfactshallbetransmittedto the City's Attorney, the DistrictAttorneyand/or StateAttorneyGeneral.
34. ASSIGNMENT OF ANTITRUST AND UNFAIR BUSINESS PRACTICES CLAIMS In accordance with Section 4552 of the California Government Code, the bidder offers and agrees that if the bid is accepted, it will assignto the Cityof Bakersfieldall rights, title, andinterestin andto all causesof actionit mayhave underSection4 of the ClaytonAct (15 U.S.C. Sec. 15) or underthe CartwrightAct (Chapter2 (commencingwith Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder.
35. AUTHORITY OF THE CITY
Subject to the power and authority of the City as provided by law and in this Invitation to Bid and any related contract or purchase order, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials andsuppliesfor whichpaymentisto bemadeunderthiscontract. TheCityshalldecidethe questionsthat mayarise relative to the fulfillment of the contract or the obligations of the Supplier hereunder.
36. TERMINATION FOR DEFAULT AND CAUSE
In the event that the Supplier fails to perform under the terms of the contract, the City may cancel the contract with five 5) days written notice to the Supplier. Termination for cause shall be at the discretion of the City and such cause shall include, but not be limited to, the following circumstances:
1. If the Supplier shall fail to provide services, supplies or materials or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement, including failure to make delivery within the time stated in the bid forms, the City may terminate the contract, in whole or in part.
2. Any assignment, subletting or transfer of the interest of the Supplier, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
After receipt of a notice of termination, except as otherwise directed, the Supplier shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders, except as necessary for completion of such portion of the work not terminated; and settle all outstanding liabilities and claims.
In case of default by Supplier, the City may procure the articles or services from other sources and hold the Supplier and/or it's surety responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to the Supplier, the difference between the contract price and the actual cost thereof to the City, including all costs for re -procurement and contract completion. Prices paid by the City shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the City may have.
37. TERMINATION FOR CONVENIENCE
The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines the termination is in the City's best interest. Any such termination shall be effected by the City by the delivery of written notice of termination at least thirty (30) days before the date of termination, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective.
After receipt of a notice of termination, except as otherwise directed, the Supplier shall stop work on the date of receipt ofthenoticeofterminationorotherdatespecifiedinthenotice; placenofurtherordersorsubcontractsformaterikls`,,AKE" s_1:1
Annual Contract for Fuel, Bid No. 22- 23- 03 Pag13 —" Q-1 OR[ IN
services or facilities except as necessary for completion of such portion of the work not terminated; terminate all suppliersandsubcontractsandsettleall outstandingliabilitiesandclaims. Thesuccessfulbiddermaynotcancelthis contract without prior written consent of the City's Purchasing Officer.
38. NON - APPROPRIATION
All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purposeby the City Council. Inthe eventof non -appropriationof fundsby the CityCouncilfor the servicesor goods providedundercontract, the Citywill terminatetheContract, withoutterminationchargeor otherliability, onthelastday ofthethen -currentfiscalyearorwhentheappropriationmadeforthethen -currentyearfortheservicescoveredbythis contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of the contract, cancellationshallbeacceptedbythe Supplieronthirty (30) days' priorwrittennotice, butfailureto givesuch notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination.
39. INVOICES
Supplier is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. Supplier is required to establish and maintain a process to monitor its billing practices and will refund all over -charges that may occur. The City will routinely audit bills generated. Invoices shall include the Contract number and the City representative' s name, and invoice total amount.
Unless otherwise specified, invoices shall be sent to the address set forth herein below.
City of Bakersfield
Attention: Accounts Payable
1600 Truxtun Avenue
Bakersfield, CA 93301
40. PAYMENT
TheCity's obligationto payamountsdueunderthe contractshallbecontingentuponreceiptbythe Cityof invoicesin sufficient detail to permit identification of the items as described in the specifications of the Invitation to Bid. Payment terms will be Net Thirty ( 30) Days unless the Supplier offers a discount for prompt payment. Payment will be made within thirty ( 30) days of acceptance of the goods or services or after the receipt of a correct invoice, whichever event occurs later. In connection with any cash discount offered, time will be computed from the date of complete delivery of the goods or services as specified, or from the date correct invoices are received if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check. Any payments due Supplier shall will be withheld pending receipt of any outstanding reports required by the contract documents.
41. NOTIFICATION OF MATERIAL CHANGES IN BUSINESS
Supplier agrees that if it experiences any material changes in its business, including, without limitation, a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, loss of key personnel, etc., it will immediately notify the City of the changes. Supplier also agrees to immediately notify the City of any condition which mayjeopardize the scheduled delivery or fulfillment of Supplier's contractual obligations to the City. Upon filing for bankruptcy or insolvency proceeding, by or against the Supplier, whether voluntary or involuntary, or.upon the appointment of a receiver, trustee or assignee for the benefit of creditors, the City reserves the right at its sole discretion to terminate the contract either for cause or convenience as provided in this Invitation to Bid.
42. ASSIGNMENT OF CONTRACT
The expertise and experience of the Supplier and the quality of goods supplied under the contract are material considerations for this contract. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on the Supplier under the contract. In recognition of this fact, no assignment by the Supplier of the contract or any part hereof, or of funds to be received hereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. Any attempted or purported assignment without the City's written consent shall be void and of no effect.
43. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Supplier of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
44. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against.because of their ancestry, race, religion, color, gender, age, disability, political affiliation, national origin or ancestry, except when such a condition is a bona fide occupational qualificatio%1\KF.., reasonably necessary for the normal operations of the Supplier. It is understood and agreed that the Supplier sill 11 m
Annual Contract for Fuel, Bid No. 22- 23- 03 PagE44 ,, ,,,, o comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Kern and the City's laws and ordinances, in performance of fulfilling this agreement. The aforesaid provisions shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
The Supplier agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Supplier, in all solicitations or advertisements for employees, placed by, or on behalf of Supplier, shall state that Supplier is an Equal Opportunity Employer.
45. AMERICANS WITH DISABILITIES ACT
Supplier assures the City that it complies with the Americans with Disabilities Act ( ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 42 U.S.C. 12101 et seq.) and it's implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services and telecommunications.
46. IMMIGRATION REFORM AND CONTROL ACT OF 1986
Supplier certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 (IRCA) and shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854). Further, bidder shall indemnify, hold harmless and defend the City against any and all actions, proceedings, penalties or claims arising out of the bidder' s failure to comply strictly with the IRCA.
47. LOBBYING EFFORTS
Any lobbying efforts by bidders as a result of this Invitation to Bid, or its award, are prohibited.
48. NEWS RELEASES
News releases, publications or advertisements pertaining to this Invitation to Bid or to the project to which the Invitation to Bid relates shall not be made without prior approval of the City, and only in coordination with the City.
49. CONFIDENTIALITY OF CITY INFORMATION
During performance of the contract, Supplier may gain access to and use financial, statistical, personal, technical or other information relating to the City's operations, hereafter collectively referred to as " City Information", which are designated confidential by the City and made available to the Supplier. Supplier agrees to protect all City Information and treat it as strictly confidential and further agrees that it shall not at any time, directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of the City. A violation by Supplier of this Section shall be a material violation of the contract and shall justify legal and/or equitable relief.
50. RECORDS AND AUDIT
Supplier shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this agreement, including all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City.
All such records shall be prepared in accordance with Generally Accepted Accounting Practices ( GAAP), shall be clearly identified and shall be kept readily accessible. Upon oral or written request of the City, Supplier shall make such records available to the City's auditor and his agents and representative, for the purpose of auditing and/or copying such records, at any time during regular business hours, for a period of three (3) years, or for any longer period required by law, from the date of final payment under this agreement.
Under California Government Code Section 8546. 7, if the amount of public funds expended under the contract is anticipated to exceed Ten Thousand Dollars ($ 10, 000. 00), the contract shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the contract.
51. SEVERABILITY
If any provisions of this Invitation to Bid shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
52. SURVIVAL
Notwithstanding the City' s acceptance of the work and payment therefor, Supplier shall remain obligated under all clauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination. The contract shall be binding on the heirs, executors, administrators, successors and assigns of the parties a AK
y h1
I— fn
r
Annual Contract for Fuel, Bid No. 22- 23- 03 Page9§IfGINAL l
53. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested exclusively in the State and Federal Courts located in Kern County, California and bidder consents to jurisdiction over their persons and over subject matter of any such litigation in said courts, and consent to service process issued by said courts.
54. INCURRING COSTS
The City is not liable for any cost incurred by bidders in responding to this Invitation to Bid. Such expenses shall be borne exclusively by the bidder.
55. CANCELLATION OF SOLICITATION
The City may cancel this solicitation at any time.
56. COOPERATIVE AGREEMENTS
If mutually agreeable to the City and the Supplier, other California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful Supplier shall be found to be a separate and distinct legal and binding obligation of the successful Supplier. The City of Bakersfield will not be an agent, partner or representative of any other governmental agency and shall incur no responsibility in connection with purchase or agreement between another agency and the Supplier. It shall be the successful Supplier' s responsibility to inform potential public agencies of this cooperative requirements contract. o
aAKE`
n
a
rnr
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 16
SCOPE OF WORK
BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL
1. BACKGROUND
The City' s Fleet Services Division maintains a fleet of vehicles and equipment in excess of 1200 which use gasoline and diesel fuel. The fleet composition consists of automobiles, small and large trucks, specialized equipment and other heavy motorized equipment. Fueling stations are located at various facilities including the Corporation Yard and Police Station.
2. INTENT
The City of Bakersfield is soliciting bids from qualified, experienced, and reputable suppliers for providing an Annual Contract for Fuel, Truck/ Trailer Load Quantities. Supplier shall furnish and use, at his own expense, all materials, labor, tools, equipment, supplies and transportation to provide services required under the contract. Fuel products include unleaded gasoline and diesel fuel which shall be delivered on an as -needed basis to the City locations specified herein.
The City currently purchases, and the Successful Supplier shall be required to provide, the following types of fuel products:
Gasoline Diesel Fuel
Reformulated Unleaded Low - Grade, 87 Octane Diesel, # 2, Carb Ultra Low - Sulfur It is the City' s intent to contract to assure a continuing and reliable source of fuel products. The needs herein stated are those that may be termed immediate, usual and common, of a casual quantity and may be met by a well -supplied petroleum products supplier. However, estimated annual quantities are given as a basis for comparison of bids only and are not to be construed as a guarantee of the quantities to be purchased.
The City reserves the right to increase or decrease quantities listed to meet the needs of the City during the period( s) of the contract.
Pricing shall be based on a variable price ( Oil Price Information Service - OPIS) tied to a published index ( Petroleum Administration Defense District 5 ( PADD) Bakersfield Rack) plus Supplier' s positive or negative price differential.
Supplier agrees to maintain an adequate stock to meet the City' s needs. The right is reserved by the Purchasing Officer to evaluate a bidder' s potential ability to satisfy the requirements of the contract by inspection of facilities, by review of backup suppliers and any other meaningful analysis procedure deemed important by the Purchasing Officer. The Purchasing Officer shall, in all instances, be the final judge in determining whether a supplier is qualified and eligible for award of contract.
Contract Term. The contract is expected to begin on or after October 5, 2022. The term of the contract shall be twelve ( 12) months. Contract may be renewed annually thereafter for four ( 4) consecutive one-year periods, at the City' s option and upon mutually agreeable terms. The contract will be evaluated ( randomly) periodically throughout the year to determine if contract requirements are being met on a consistent basis and in accordance with the terms and conditions of the bid and to ensure bid pricing is being adhered to. The contract shall be considered a non- exclusive agreement between the parties and the City may elect to award contract to more than one contractor in the form of primary and secondary contracts.
Contract Renewal and Price Adiustment. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Purchasing Officer within the sixty ( 60) calendar day period prior to the annual anniversary date of the Contract. Requests filed after this time period may not be considered. The Purchasing Officer will review the request for increase and either grant or deny the request within fifteen ( 15) calendar days.
Any Contract unit price changed as a result of this procedure shall become effective on the anniversary date of the Contract and shall be binding on the Contractor for the ensuing renewal term or terms.
Annual adjustments may be considered based on the following:
o
OaKE,
4 U.S. Departmentof LaborProducersPriceIndex, SpecializedFreightTruckingPCU4842f ;" for the most recent twelve- month period. ' ORIGINAL'
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 17
Price adjustments shall be calculated by applying the simple percentage method. This method is defined as dividing the Index value at time of calculation (latest version of the Index published as of the date of the request for price adjustment) by the Index value of base period (final published data of the Index for the baseperiodat thetimeof bid or subsequentrenewalperiods), thenmultiplyingthe sum by the baseprice price at time of award).
Index Value at time of Calculation x Price at Time of Award = Adjusted Price Index Value of Base Period
The City reservesthe right to acceptor reject any requestfor a price increase; however, the City will consider annual price increases only in cases when the Contractor' s commercial rates have changed for all customersservedby the Bidder. The pricechangecannotapplyonlyto servicesprovidedunderthis Agreement. Adjustments shall in no case exceed five percent (5%) unless very unusual and significant changes have occurred in the industry.
If the City approves the price increase, the price shall remain firm for one (1) year from the effective date of the price increase. If the City does not approvethe price increase, the Contractormayterminateits performanceundertheAgreementuponthirty (30) daysadvancewrittennoticeto the PurchasingOfficer.
Terminationof performanceshall be the Contractor's only remedyif the PurchasingOfficerdoes not approve the price increase.
If theContractorandthe Citydo notagreeon a price, usingthe procedureset forthabove, bythe thirtieth 30th) daypriorto theendof theinitialAgreementtermor theendoftheensuingrenewaltermor terms, the City may terminate the Agreement whether or not the City has previously elected to extend the term.
If at anytimeduringthetermoftheAgreementa pricedecreaseoccurs, theContractorshallsubmita price decrease in accordancewith the methodology prescribed herein. The price decrease shall become effective upon the City' s Purchasing Officer' s receipt of Contractor' s notice. Additionally, since the contract is operatingon pricingresultingfromthe useof the ConsumerPriceIndex, the Cityreservestheright, at any time, to initiate a request for price decrease based upon the Consumer Price Index.
Extreme Economic Conditions. During the term of the Contract, should the Service Provider' s costs increase more than ten percent ( 10%) due to extreme economic or market conditions, the City may consider additional increases under the Contract. It will be the responsibility of the Service Provider to request a priceadjustmentandto providealldocumentationnecessaryandrequestedbytheCity. TheCityreserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall be subject to review as market or economic conditions change. All price decreases of any amount occurring after an adjustment for extreme economic conditions shall be immediately passed to the City. If the City does not approve the price increase, the Service Provider may terminate its performance under the Agreement upon sixty (60) days advance written notice to the Purchasing Officer. Termination of performance shall be the Service Provider's only remedy if the Purchasing Officer does not approve the price increase.
3. CONTRACT REQUIREMENTS
Suppliershall be licensedin accordancewith all applicablelaws, rulesand regulations, includingbut not limitedto those promulgatedin the CaliforniaBusinessand ProfessionsCode and by the CaliforniaAir Resources Board. Supplier shall possess all necessary and applicable licenses required to transport motor vehicle fuels as may be issued by the State of California Department of Motor Vehicles ( DMV) and the United States Department of Transportation ( USDOT).
Supplier is to take particular note of insurance requirements listed in the General Conditions of this Invitation to Bid. No work may commence on any part of this contract unless, and until, all certificates of insurance and supplemental endorsements are on file with, and have been approved by, the City.
Standards of Work. All work shall be performed in a manner commensurate with the highest professional standards and best industry practices, using qualified and experienced personnel. Supplier shall give his personal attention to the fulfillment of the contract and keep work under his control.
Safety Duties. Suppliershallatalltimessoconducthisworkasto insuretheprotectionof personsan NKE.. property in a manner satisfactory to the City. All work and materials shall be in strict accordance with,: II Annual Contract For Fuel, Bid No. 22- 23- 03 Pag 48 0
ORIGINAL
applicable federal, state, city and county rules, regulations, and codes, and attention is specifically drawn to the requirements of FED - OSHA and CAL - OSHA.
Supplier' s Employees. All persons engaged in the work will be considered as employees of the Supplier. Only workmen thoroughly familiar with their line of work will be employed on the job. The following requirements shall apply to all persons employed by the Supplier in the performance of work specified herein:
Supplier shall ensure that employees are physically qualified to perform their assigned duties in a safe manner.
Supplier shall prohibit employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.
Supplier shall ensure that all drivers shall be properly licensed and shall operate vehicles and equipment used in the performance of the contract in a safe and prudent manner. Supplier shall provide operating instructions for all equipment. Newly hired operators shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely operating equipment.
Supplier shall ensure that all employees shall wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the Supplier. All vehicles ( trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the Supplier.
Supplier' s employees shall refrain from using profane or vulgar language in a public area while performing work under this agreement.
Adequate Resources. Supplier shall have adequate office and personnel resources for responding to the City' s needs, including, but not limited to, telephone coverage Monday - Friday during the hours of 8:00 a.m. through 5:00 p.m. Supplier shall provide the first and last names and telephone number( s) of the person( s) to be contacted during the City' s normal working hours for order placement and resolution of contract issues. Supplier shall also provide the names of three ( 3) individuals, with home telephone numbers, cell phone numbers and pager numbers who may be contacted in the event of emergencies.
Supplier shall insure that all employees dealing directly with the City with regard to the Annual Contract for Fuel Products are fully aware of all contract provisions, including the requirements of the City and the obligations of the supplier. All of Supplier' s drivers shall be familiar with all City fueling locations and the delivery and the unloading requirements for each site. Supplier shall provide a dedicated account manager who shall be assigned to handle all contract issues, including the ordering and invoicing for same.
Equipment. Supplier' s equipment and vehicles shall be in good and safe working order and all personnel shall be trained in safety measures to preclude accidents endangering City personnel and property.
Supplier shall have adequate and appropriate equipment for the delivery of goods on proposed contract.
All vehicles used by Supplier in fulfilling the terms of the contract shall meet all applicable federal and state requirements for such vehicles, including USDOT, DMV and CalTrans codes and regulations and the State of California Emission Inspection Program.
All dispensing and measuring equipment shall be tested and certified in accordance with the State of California Business and Professions Code Division 5, Article 6 and shall meet the requirements of the California Air Resources Board. All delivery vehicles and dispensing equipment shall meet all current Federal and State requirements related to vapor recovery.
Supplier' s equipment shall be compatible with City facilities, including, but not limited to, pumping equipment if needed, for filling above ground fuel tanks and all of Supplier' s personnel shall be experienced and properly trained to safely and efficiently operate all of the equipment to be used in fulfillment of the contract.
Fuel Specifications. All fuel to be delivered on any order under the contract shall be homogenous and free of foreign matter and impurities and shall remain so in normal storage. The gasoline and diesel to be_,,NKE,` Annual Contract for Fuel, Bid No. 22- 23- 03 Page t9 T"— b
ORIGINAL
furnished under the contract shall meet, and conform to, all applicable ANSI and ASTM standards and the provisions of the Federal Clean Air Act ( latest revision) as well as the applicable rules, regulations and requirements of the United Sates Environmental Protection Agency (USEPA), the California Air Resources Control Board ( CARB), the California Department of Food and Agriculture Division of Measurement Standards and the San Joaquin Valley Air Pollution Control District (APCD) related to motor vehicle fuel standards. The gasoline and diesel must be of a quality equal to similar products furnished to the refiner's retail service stations.
Diesel fuel provided shall meet ASTM Standard 975- 97 and shall be ultra -low -sulfur, # 2, Clear ( Un- dyed).
Dieselfuelshallcontainanyrequiredadditivesnecessaryto prohibitthegrowthof bacteriaandalgaeduring storage ( fuel and water- soluble biocide). Other additives such as water dispersants, corrosion inhibitors and detergents shall be added in accordance with best industry practices.
Failure to comply with the requirements of this section shall, at the option of the Purchasing Officer, be deemed sufficient reason for rejection of any lot of fuel delivered, and the Supplier shall, at no expense to the City, remove that fuel from the tank(s) and shall perform whatever services that shall be necessary to restore the tank(s) and other equipment to an operable condition to the full satisfaction of the City. Further, Supplier shall make full restitution for the quantities of fuel known to have been in the tank(s) immediately prior to the delivery of the rejected lot of fuel, and for any damage to the equipment or vehicles that may have occurred from use of the rejected fuel.
Estimated Annual Order Quantities. Estimated annual usage is provided below. One ( 1) gallon of fuel shall be equal in volume to one (1) fluid gallon or 231 cubic inches at a standard temperature of sixty 60 degrees Fahrenheit, as defined by the United States Bureau of Standards. Supplier shall be required to provide truck and trailer service to specified City fueling sites. Delivery quantity restrictions will not be allowed and bids offered with such restrictions will not be considered for award. Supplier refusal to deliver quantities less or more than, and in frequencies in excess of those listed below may be grounds for contract termination without further cause.
LOCATION FUEL TYPE
TANK ESTIMATED TANK
CAPACITY E .ANNUAL USAG DESIGNATION
I CORPORATION YARD i`
Diesel # 2 Carb Ultra - Low -
Sulfur, Clear ;; 15, 000 150, 000
underground
4101 Truxtun Avenue ;
Unleaded 87 Octane 15, 000 1I 350, 000 underground
POLICE GARAGE
1601 Truxtun Avenue Unleaded 87 Octane 15, 000
i
275, 000 underground
TOTAL ESTIMATED ANNUAL FUEL USAGE: 775, 000 gallons ( Gasoline and Diesel Fuel combined) Unleaded - 87 Octane: 625, 000 Diesel # 2 - Carb Low - Sulfur, Clear: 150, 000 Ordering Procedure and Delivery. A City representative will notify supplier of the need for fuel by either phone call, fax or e- mail. Supplier shall provide fuel delivery within twenty- four ( 24) hours of notification by the City. Under periods of extreme usage, delivery may be required within a twelve ( 12) hour period. The City's normal working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; however, the City prefers deliveries to be between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, unless special arrangements are made with the individual fueling sites prior to delivery.
All deliveries resulting from this contract shall be F.O. B. Destination to the City sites. Note: Many of the City's fueling locations have employees on site for extended hours. After award of contract, Supplier may be allowed to make routine deliveries outside of the City' s normal working hours on a site -by -site basis if agreeable to the representative for each site. Automatic deliveries may also be arranged at the sole discretion of the fueling sites.
For all deliveries not accomplished within twenty- four ( 24) hours, the City reserves the right to procure the product( s) elsewhere and may bill Supplier the difference between the contract price and the actual purchase price, or any variation thereof, as liquidated damages, or the City may deduct the difference in pricefromanymoniesdue, orwhichmaybecomeduetoSupplier. Failuretodeliverwithintwenty-four (24),ZNKF hours on more than one occasion may be grounds for contract termination without further cause. m
Annual Contract for Fuel, Bid No. 22- 23- 03 Page'm o
ORIGINAL
The City reserves the right to deny access to City property any delivery vehicles leaking fuel or other hazardous materials. Supplier will be notified of such denied access and shall make delivery of the denied load within one (1) working day of notification with a City approved vehicle.
Ordering procedures may change when it is deemed in the best interest of the City and Supplier shall adapt to changes as required by the City. Supplier must provide valid communication information (phone, fax or e- mail) for orders to be placed.
Emergency Deliveries. Deliveriesrequestedoutsideof theCity's regularworkinghoursof 8:00 a.m. to 5:00 p.m., Monday through Friday shall be considered emergency deliveries, unless Supplier and City have agreed in advance to a routine delivery schedule encompassing the hours outside of normal working hours.
Additionally, deliveries shall not be considered emergency deliveries if the after-hours delivery is due to Supplier failure to make a routine delivery of fuel within the normal working hours or if Supplier has made prior special arrangements for a routine after- hours delivery.
The City shall endeavor to keep emergency deliveries to a minimum. However, in the event of an emergency, delivery shall be completed within four ( 4) hours of receipt of the request for emergency delivery. Supplier shall be allowed an additional payment for emergency deliveries. This cost shall be stated as a per hour cost ( plus cost of fuel), as noted on the Bid Form. Provisions of the contract shall in no way prohibit the City from making an incidental purchase from another supplier for the same commodities as listed herein and emergency purchases may be obtained from contract supplier or other sources in order to best serve the interests of the City.
Delivery Ticket. A delivery ticket shall accompany each shipment including gross and net gallons delivered as well as Supplier's employee (driver) name or designee making the delivery. Deliveries shall be measured by meters designed to imprint meter readings and such meter readings shall be imprinted on the copy of the delivery ticket presented to the City at the time of delivery.
Fax and/ or e-mail delivery tickets to Fleet ( 661) 852- 2112, desparza( cD_bakersfieldcity. us. Alternate e-mails may be added at the City' s option.
A legible signature and printed name of the designated City representative is to be obtained and recorded onthedeliveryticketat thetimeof thedelivery. Unsignedticketsmaynotbe leftat thedeliverylocationand it shall be the driver' s responsibility alone to insure that a delivery ticket has been signed. Invoices for payment, for which there is not a signed delivery ticket, may not be authorized for payment. Emergency deliveries may be excluded. Failure to provide a delivery ticket with each shipment may be grounds for termination of the contract without further cause.
Spillage and Cleanup. Supplier shall be responsible for all spillage and damage which may occur during loading, transit and unloading operations. In the event of a spill or damage to property, Supplier shall immediately notify the City's representative at the corresponding delivery location. Damages to property and spills caused by Supplier must be corrected immediately. Cleanup shall be performed in accordance with USEPA and State of California requirements. Any costs for repair of damage or correction of spillage performed by the City due to Supplier' s failure to make timely or satisfactory repairs, corrections or cleanup of spills shall be charged back to the Supplier or deducted from monies owed to Supplier.
Contract Pricing. Pricing shall be based on a variable price ( Oil Price Information Service - OPIS) tied to a published index ( PADD 5-Bakersfield Rack) plus Supplier' s positive or negative price differential.
Bid Format. Supplier shall provide pricing as follows:
1. Bid # 1 — OPIS Pricing plus Differential - Oil Price Information Service ( OPIS) Index, plus or minus Supplier' s differential. ( Bid the differential only as the OPIS Price should be the same for all suppliers). The daily " average" of branded and unbranded ( combined) OPIS price for the marketing area will be the BASE PRICE for the day. This average shall be based on the OPIS Gross Newsletter which is published daily. Relevant Marketing Area shall be PADD 5 - Bakersfield for Unleaded Gasoline and Diesel # 2 ( Clear). OPIS base pricing is described below. y
i— m
Annual Contract for Fuel, Bid No. 22- 23- 03 PQ8! E1NAL NOTE 1: If at any time during the term of the contract the OPIS price is not quoted for any item or location, the most recent price previously reported shall be utilized as the BASE PRICE. If two or more periods pass without the publishing of prices, it shall be the Supplier's responsibility to telephone the Purchasing Officer who shall negotiate the current price until published. If the marketing publication is modified, the City reserves the right to re-establish the price mechanism of the bid or to cancel all or part of the contract without prejudice against any party to the contract.
NOTE 2: All differential prices submitted by Bidder and not indicated as plus (+) or minus (-) will be considered to be (+) differentials. Differential pricing to be held for one year and may be adjusted annually upon renewal of the contract and upon mutual agreement of the City and supplier.
NOTE 3: The differentials shall include each and every item of expense connected with the furnishing and delivery of fuel products to the City, except taxes and the cost of fuel being delivered.
All price differentials bid shall be firm for the life of the contract ( each one-year period). Price differentials may be adjusted annually by the supplier upon annual renewal of the contract.
Increase in price differentials will be subject to the approval of the City.
2. Bid # 2 - Emergency Deliveries and Miscellaneous Services — Provide hourly rates for emergency deliveries and miscellaneous services. Fuel prices for emergency deliveries shall be based on Bid Items 1 or 2 and the hourly rate stated for emergency deliveries will be in addition to fuel prices. If Supplier does not intend to charge an hourly rate for emergency fuel deliveries, state None" or $ 0. 00 on the Bid Form.
All contract prices are subject to Federal, State and Local Sales Taxes with the exception of Federal Excise Taxes from which the City is exempt. Supplier shall separately designate the type and exact amount of all other applicable taxes, including but not limited to the California Oil Spill Surcharge and the Childhood Lead Poisoning Fee, where indicated on the Bid Form.
Temperature Correction. Temperature correction of delivered product shall not be allowed. Invoices and payments shall be for gross gallons delivered.
OPIS Price Verification. Supplier shall be required to provide OPIS price verification in one of the following ways: ( 1) provide the City with a subscription to OPIS marketing publication (2) meet with City personnel on a weekly basis to discuss OPIS pricing for the purchase period. This option will require the supplier to bring the OPIS pricing on the weekly visits (3) provide the City with a copy of the corresponding OPIS pricing within twenty-four hours of delivery of each shipment or (4) attach a copy of the relative Oil Price Information Service ( OPTS) published price list to the corresponding invoice.
Invoicing Requirements. The supplier shall provide fully itemized invoices, with base prices, differential price and composite price, as well as extended prices. Invoice shall reference Bill of Lading number if different from that of the invoice, as well as the delivery ticket number. Invoices shall include and separately list the following items:
1. Delivery Location — by address and facility name
2. Order Number
3. Purchase Order Number
4. Type of Gasoline products
5. Amount of fuel dispensed ( with meter stamp)
6. Current " Base" price as per OPIS Pricing
7. Differential
8. State Sales Tax
9. Local Sales Tax
10. All other taxes ( each tax itemized separately)
Invoices must be faxed or e-mailed to the City within twenty- four ( 24) hours of delivery. If the relative Oil Price Information Service ( OPTS) published price list corresponding to the day of delivery was not provided within twenty- four hours of delivery or at the time of delivery, a copy must be attached to the corresponding ( see OPIS Price Verification above). 6AKF
Supplier shall invoice each delivery location separately, unless otherwise advised, upon satisfactor b receipt of fuel and performance of services. +— 177
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 29R!C-INIA Invoices not supported by all specified documents or not itemized as required will be retained and payment held in abeyance until the required documentation or a corrected invoice is received.
Report of Contract Purchases. Suppliershallprovidethe Citya reportof the purchasesmadeunder the contract. The report shall be provided quarterly, by the fifteenth of the month following the end of each contract quarter. The report shall be submitted in duplicate to the Purchasing Division. The report shall include the quantities of gasoline and diesel purchased and delivered to each location.
Force Maieure. The City will grant relief as necessary from performance under the contract if Supplier is preventedfrom complianceand specificperformanceby an Act of War, Orderof LegalAuthority, Act of God or other unavoidable causes not attributable to the fault of the Supplier. The burden of proof for the need of such relief shall rest upon the Supplier.
Allocations. In the event the supplier's supply of awarded items is reduced for reasons beyond the supplier's control to a level which prevents supply of the City's requirements in full, the supplier agrees to supply the City no less than a proportionate share delivered to similar accounts, unless Federal regulations require otherwise. If such reduction occurs, the City reserves the right to cancel all or part of the contract without prejudice to either party, by giving the supplier thirty ( 30) days written notice. 81OAKFa
ffl
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 23
CITY OF BAKERSFIELD
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES
IMPORTANT NOTICE
DOCUMENTS TO BE RETURNED WITH BID
The following documents must be completed and submitted on or before the Submittal Deadline. Failure to complete, sign ( where required), and return the documents with your bid may render it non -responsive.
Bid Forms ( Pages 25- 34)
Certification of Examination and Acceptance of Bid Requirements Non - Collusion Affidavit
Worker' s Compensation Insurance Certification
Statement of Compliance with Insurance Requirements
Statement of OSHA Compliance
DOCUMENTS TO BE RETURNED WITHIN TEN ( 10) DAYS OF R€ QUEST Signed Contract
Insurance Certificates and Additional Insured Endorsements Worker' s Compensation Waiver of Subrogation
aaxF
o s
f— m
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 24
CITY OF BAKERSFIELD
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES
COMPANY PROFILE
NAME OF SUPPLIER:
BUSINESS ADDRESS:
CITY. STATE & ZIP CODE:
TELEPHONE NUMBER:
FACSIMILE NUMBER:
i
J
E- MAIL ADDRESS:
I
CONTACT ( for this Invitation to Bid):
I
EMERGENCY CONTACT NUMBERS
CELL PHONE:
PAGER:
TOLL FREE NUMBER:
CITY SALES TAX PERMIT # ( BUSINESS LICENSE):
FEDERAL EMPLOYER ID #:
i
CORPORATION PARTNERSHIP JOINT VENTURE SOLE PROPRIETOR OTHER For Corporations, provide the name of the state in which the firm is incorporated:
The undersigned declares that this Bid is based upon careful examination of the specifications provisions of Bid No. 22-23-03 for the Annual Contract for Fuel, Truck/Trailer Load Quantities, Bidder hereby agrees to provide all transportation, labor, supervision, machinery, tools and apparatus and incidentals necessary to provide an Annual Contract for Fuel, Truck/Trailer Load Quantities and to perform all work and provide i all products in accordance with the specifications, terms, conditions, and requirements of Bid No. 22- 23- 03. The undersigned further declares that he/she has not directly or indirectly entered into an agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with said Invitation to Bid.
Bidder acknowledges receipt of Addenda Number( s) ) ; and Authorized Signature Print Name of Person Authorized to Sign W
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 25
SUPPLIER NAME:
PRICING INFORMATION - OPIS PRICING PLUS DIFFERENTIAL (+/-) Forbidevaluationpurposesonly: TheOPISrackpriceshallbesetforallBiddersat $3.30pergallonasatheoretical price and is not necessarily the price to be used in calculating the price charged to the City during the contract period.
ESTIMATED SUBTOTAL =
ANNUAL OPTS DIFFERENTIAL !
RACK PRICE
1 PRODUCT
QUANTITY
RACK SUPPLIER
DIFFERENTIALPRICE* plus/ minus) PRIOR TO TAXES 1
j
UNLEADED 87 625, 000 3. 30
DIESEL # 2
150, 000Ultra - Low Sulfur Clear ;
Deliveries requested outside of regular working hours and days (8:00 a.m. to 5:00 p.m., Monday through Friday) j shall be considered an emergency. The additional charge for emergency deliveries shall be (all-inclusive of eggqyiiipppmmeenntttaand $//
qtt/ r. Hour-- dlllaaabbb000:
L///
All
contractprices are subjectto Federal, State and LocalTaxes, includingState SalesTax, with the exceptionof FederalExcise Taxes from whichthe Cityis exempt. In thespacesbelow, Suppliershall separatelydesignate the typeand exactamountof allotherapplicabletaxes, includingbut not limitedto thoselisted below. (Specify those not listed). Check whethereach tax is applicableto Unleadedand/ or DieselFuel. Thesetaxes will be addedto thepriceper gallon, plus differential, paid by theCity, wheninvoicedby Supplier. TAX i AMOUNTUNLEADED AMOUNT DIESEL j Federal
Excise Tax EXEMPT ( EXEMPT EXEMPT EXEMPT Applicable
Not ppPpi Applicable Not I
CaliforniaState Excise Tax — _ Applicable Applicable GHG/ CAR Compliance ; $ I Applicable Not Applicable Not Assessment _ _ Applicable _ Applicable _ CA
Low Carbon Fuel ; $ Applicable Not Applicable Not Standard Applicable ca— Applicable Applicable Not
Applicable Not Federal L.
U. S. T. _ _ ApplicableApplicable Federal Environmental $ Recovery Fee
Applicable Not
Applicable 1 $
L Applicable Not
Applicable California
Childhood
Lead $ Applicable Not I
Applicableo Not PoisePrevention
Fee A licable PP JA Applicable CaliforniaMotor
Vehicle ; $ Applicable Not Applicable Not Fuel Tax -
Gas ApplicableApplicable CA Assembly
Bill 32 $ ImplementationFee #
1 Applicable Not
Applicable Applicable
Not
l CA Assembly
Bill 32 ImplementationFee $ #
2 Applicable Not
J Applicable
Applicable
Not
Applicable Applicable
CA Assembly
Bill 32 $ ImplementationFee #
3 Applicable Not (
Applicable Applicable
Not
Applicable I
TOTAL ANNUAL
ESTIMATEBASED ON ESTIMATED (QUANTITIESLISTED ABOVE, HYPOTHETICALRACK PRICE, (+/-) DIFFERENTIALAND APPLICABLE TAXES. gPK C"
m
0 mrr.
Annual
Contract
for Fuel, Bid No. 22- 23- 03 Page26
Supplier Name:
DESIGNATION OF SURETIES - The following are the names, addresses, and telephone numbers for all insurancebrokersandsuretiesfromwhombidderintendsto procureinsuranceand/or bonds.
TYPE COMPANY NAME ADDRESS
TELEPHONE
CONTACT
NUMBER
General Liability
i I
Automobile Liability MEMO
3 I
Worker' s Compensation - J
REFERENCE - Provide two (2) or more references for work of a similar nature performed within the last three ( 3) years.
REFERENCE 1 i 2
Account Name
Location
I
including Mailing Address)
Contact Person and Title
currently employed by company
Telephone Number
Facsimile Number
Years of Service of Account
REFERENCE _
u_
3 Account Name
C.. 4
Location
including Mailing Address_
Contact Person and Title
currently employed by companyj!
Telephone, Number ._______
Facsimile Number
Years
gA
of Service of Account
a
t— m
UORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 27
Supplier name:
EXCEPTIONS —
In the space provided below, state any exceptions to the contract requirements and/ or specifications of Bid No. 22- 23-03. Supplier understands that the City reserves the right to reject the bid if it is offered conditionally, includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents or expresses exceptions or qualifications on the technical specifications not acceptable to the City. However, the City reserves the right to permit the bidder to withdraw non -conforming terms and conditions from its bid response prior to the determination of the City of non -responsiveness based on the submission of non -conforming terms and conditions. gAKFq
o s,
F- T
CRIGINO
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 28
CERTIFICATION OF EXAMINATION AND
ACCEPTANCE OF BID REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The undersigned, a duly authorized officer of
agree to the following:
does hereby represent, warrant and
1. Supplier, in submitting a bid, warrants that it has full power and authority to comply with the requirements specified herein and will hold the City harmless from and against any and all loss, cost, liability, and expense including reasonable attorney fees) arising out of any breach of this warranty.
2. The Supplier, in submitting a bid, warrants that it is fully experienced and properly qualified to provide the materials and/ or services required herein, and that it is regularly engaged in the general class or type of work called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein.
3. Supplier has carefully investigated all conditions that affect, or may at some future date affect, the provision of materials or performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of materials to be provided or work to be performed and as to the requirements of the Invitation to Bid. Submission of a bid shall also be evidence that the Supplier is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work. The City shall not be responsible for any error or omission in any bid.
4. Supplier_ shall at no time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the Supplier receives an award as a result of this Invitation to Bid, failure to have made such investigations and examinations will in no way relieve the Supplier from its obligations to comply in every detail with all provisions and requirements of the Invitation to Bid and all contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the Supplier for additional compensation.
5. Supplier agrees to all of the provisions, terms and conditions of Invitation to Bid, including pricing/ escalation provisions, insurance and indemnification requirements, all without exception, unless so stated in the Exceptions" section of the Bid Form. Supplier understands that the City of Bakersfield reserves the right to reject any or all bids containing exceptions or to require modifications before acceptance.
6. Supplier agrees to secure insurance coverage at the limits required by the City of Bakersfield.
7. Supplier agrees to the termination and non - appropriation clauses of the Invitation to Bid.
Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
s
Date of Signing rc,
r
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 29
NON - COLLUSION - AFFIDAVIT
To Be Executed By Bidder & Submitted With Bid
OK to attach acknowledgment)
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03
The undersigned, being duly sworn, deposes and says that he or she is ( title) of company) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation: that the bid is genuine and not collusive or sham; that he/ she has not, either directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bid has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bid, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Bidder' s Name:
Signature of Bidder:
Title:
Business Address:
Place of Residence: _
STATE OF CALIFORNIA
COUNTY OF
On date), before me, -
Name and Title of the Officer), personally appeared
Names( s) of Signer(s), who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/ their authorized capacity( ies), and that by his/her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunder the laws of the State of California that the foregoing paragraph is true and correct
WITNESSmy hand and official seal.
Notary Public Signature
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 30
WORKERS' COMPENSATION INSURANCE CERTIFICATE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The Supplier shall executethe following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract." Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
Date of Signing
r r-
v Ao
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 31
STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
Suppliershallcarefully review the insurancerequirementsapplicable to this contract. Suppliershallprocure and maintain for the duration of the contract, insuranceagainstclaimsfor injuries to personsor damagesto property which may arise from or in connection with the performance of the work hereunder and the resultsof that work by the Supplier, his agents, representatives, employees or subcontractors.
Prior to commencement of work under the contract, Supplier shall provide to the City original, signedcertificatesand original, separateamendatory endorsements, naming the City asadditional insured for liability insuranceand automobile insurance as well as a waiver of subrogation for Worker' s Compensation.
MINIMUM SCOPE OF INSURANCE
1. Workers' Compensation Insurance as required by the State of California
2. Employer' s Liability Insurance
3. Original and separate Waiver or Subrogation for Workers' Compensation Insurance
4. Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 0001)
5. Insurance Services Office Automobile Liability coverage ( Form CA 0001, Code 1, Any Auto)
6. Original and separateAdditional Insured Endorsementsfor General and Automobile Liability with primary language
BIDDER' S STATEMENT
BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation to Bid No. 22- 23- 03. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specifiedrequirementsfor insurance, including insurancecoverageof subcontractors, and agreesto namethe City asAdditional Insured for the work specified.
Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
Date of Signing
m
r—
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 32
STATEMENT OF OSHA COMPLIANCE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
Supplier hereby agreesto comply in all respectsto the Williams -SteigerOccupational Safetyand Health Act of 1970 and all revisions thereto.
Name of Bidder ( Person, Firm, or Corporation)
Signature of Bidder' s Authorized Representative
Name & Title of Authorized Representative
Date of Signing
m
ORIGIN, U
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 33
THE FOLLOWING SHOULD BE VISIBLE
ON THE SEALED BID ENVELOPE:
Your Company Name and Address
Cut out the delivery label below and tape it to your sealed bid envelope.
O
CUT ON THE DOTTED LINE.
SUBMIT BIDS TO:
Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, 2nd Floor
Bakersfield, CA 93301- 5201
s •
BID NAME: A/ C Fuel
e
LIST ALL ADDENDA RECEIVED: •
Addenda No' s.:
or) •
None Received: :
Questions? Call 661- 326- 3746 or assistance.
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 34
CITY OF BAKERSFIELD
BID NO. 22- 23- 03
ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD QUANTITIES
COMPANY PROFILE
NAME OF SUPPLIER: OIL, G,
BUSINESS ADDRESS:- I _ V' j Tl''N9 DS1'-- -----_.____..-----_-------..__--- CITY, STATE & ZIP CODE_- -- A- - 1? `( ( E;) CZOY'IF v Ce* C(Zg Q,-------- TELEPHONE NUMBER: " l' J` 7d, q5
FACSIMILE NUMBER: {''' 30'
E- MAIL ADDRESS: Nv6W t4 (- 4L4( , I T
CONTACT ( for this Invitation to Bid)__
EMERGENCY CONTACT NUMBERS
CELL PHONE: ' l - S 3 O - 1Gj WtR, t/- a e -,-°- t
PAGER:
TOLL FREE NUMBER:-------- ------- -- -- --------------------- -- CITY SALES TAX PERMIT # ( BUSINESS LICENSE)_ CAT d j!r__ EIPcd_Vq& AM- IP Z FEDERAL EMPLOYER ID #: ' 16- D59 3 ApS?i
CORPORATION PARTNERSHIP JOINT VENTURE SOLE PROPRIETOR OTHER For Corporations, provide the name of the state in which the firm is incorporated:
The undersigned declares that this Bid is based upon careful examination of the specifications provisions of Bid No. 22-23- 03 for the Annual Contract for Fuel, Truck/ Trailer Load Quantities, Bidder hereby agrees to provide all transportation, labor, supervision, machinery, tools and ' apparatusand incidentalsnecessaryto provide an Annual Contractfor Fuel, Truck/TrailerLoad Quantitiesand to performall work and provide all productsin accordancewith the specifications, terms, conditions, and requirementsof Bid No. 22-23-03. The undersignedfurther declares that he/she has not directlyor indirectlyenteredinto an agreement, participatedin any collusionor otherwisetaken any action in restraintof free competitive bidding in connection with said Invitation to Bid.
Bidder ackn_owledges receipt of Addenda Number( s) I , and Print Name of Person Authorized to Sign
j})% j Q 1 2_
efuWuef
p
6AKF^
cf'
rn
ORIGINO
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 25
SUPPLIER NAME: „ la iIJL•
PRICING INFORMATION — OPIS PRICING PLUS DIFFERENTIAL
For'bid evaluatioriyurposes'= or lys The OPIS rack price shall be setfor all Biddersat $3.30 per gallon as a theoretical Driceand is not necessarilythe priceto be used in calculatingthe Dricechargedto the Citv duringthe contract period.
ESTIMATED SUBTOTAL =
ANNUAL
OPTS DIFFERENTIAL RACK PRICE
RACK SUPPLIER j +_) DIFFERENTIALPRODUCT !
QUANTITY i
PRICE -- ( plus/ minus)
i -- PRIOR TO TAXES_---.!
UNLEADED 87 ; 625, 000 $ 3. 30 !
0. 01<BP1 ' ZJW ( i
DIESEL # 2 150, 000 $ 3. 30 + , 0, 0510Ultra - Low Sulfur Clear ! Deliveries requested outside of regular working hours and days ( 8:00 a.m. to 5:00 p.m., Monday through Friday) shall be considered an emergency. The additional charge for emergency deliveries shall be (all-inclusive of '{{ equipment and labor): $ Lel-, 5D / qtr. Hour
Allcontractpricesaresubjectto Federal, StateandLocalTaxes, includingStateSalesTax, withtheexceptionofFederalExciseTaxes fromwhichtheCityisexempt. Inthespacesbelow, Suppliershallseparatelydesignatethetypeandexactamountofallotherapplicable taxes, including but not limited to those listed below. ( Specify those not listed). Checkwhether each tax is applicableto Unleaded and/or DieselFuel. Thesetaxeswillbeaddedtothepricepergallon, plusci ferential, paidbythe City, wheninvoicedbySupplier.
TAX ; AMOUNT UNLEADED _ ! _ AMOUNT — ! DIESEL
Federal Excise Tax --_ EXEMPT _ — E) CEMPT _ _ j EXEMPT i EXEMPT 1 )6Applicable Not ' ; % Applicable Not
California State Excise Tax i ' 3a D Applicable _ $
V ' ov _ Applicable
I' zrL' L 1=' T4' I
GHG/ CAR Compliance j Applicable Not ( pKApplicable Not Assessment $ VdiG1 5 ! Applicable $ 1 4- at l Applicable CA Low Carbon Fuel i $ XApplicable Not $
A+ { >*
Applicable Not
Standard _ V i i Applicable VApplicable 1
j!{il,pplicable Not j }( Applicable Not Federal
L. U.S. T. _ v ! $
0,
00 Applicable $_ 00 , Applicable j Federal
EnvironmentalI $ , qq 1 1 . K' Applicable Not i ) CAApplicable Not Recovery Fee — ! V - I I Applicable $ 0' DOApplicable California Childhood Lead $ * Applicable Not ApplicableANot Poise PreventionFee _ Applicable i $ _ f ApplicableCalifornia Motor Vehicle $ % j Applicable Not fu f Applicable Not Fuel Tax - Gas __—______ b ____-..._____._ Applicable _$- i-___- 1 1 alliApplicableCA
AssemblyBill 32 ! $ ; ppllcable Not grApplicable Not Implementation Fee # 1 _ _ ! Applicable ! $ hr
i
ApplicableCA
AssemblyBill 32 0. 0 / 4( Applicable
Not - 1 )< Applicable Not Implementation
Fee # 2 — _ Applicable — $ — 1 ApplicableCA
AssemblyBIII 32 $ JApplicable Not i Applicable Not I Implementation Fee # 3 _ Applicable _ i $ Applicable _ I, Nip
Iicu 1`. 17% TOTAL
ANNUAL ESTIMATE BASED ON ESTIMATEDQUANTITIES LISTED ABOVE, HYPOTHETICAL RACK PRICE, (+/-) DIFFERENTIAL AND APPLICABLETAXES. AK,,- W
OORIGINALo
Annual
Contract for Fuel, Bid No. 22- 23- 03 Page 26
Supplier Name:.
I
A -Pr•- Ot, 6 10C,
DESIGNATION OF SURETIES - Thefollowingarethe names, addresses, andtelephonenumbers for all insurance brokers and sureties from whom bidder intends to procure insurance and/ or bonds.
TYPE COMPANY NAME ADDRESS
TELEPHONE
CONTACT
NUMBER I
1 General Liabili
i
I
Automobile Liability
r I
Worker' s Compensation
REFERENCE - Provide two ( 2) or more references for work of a similar nature performed within the last three ( 3) years.
REFERENCE
Account Name
STLocation ok q 1-7101
including Mailing Address_) J6 GC1(
Contact Person and Title i °
currently employed h company
Telephone Number
F r R4XQa45( OC4; k N f105s) Jj> D. %&LW # aSC, c v
Years of Service of Account
REFERENCE 3 4
Account Name City or Im 1 I c. Wi4'( lSii? a '
Location
7, c1) S • vK 0" D• " t oo ww '! D p' U
includin Mailin Address V0• C* CI-2-1 S V `( A
fig ---- --= ---------- -_ _.
Contact Person and Title h"' J P-0, P-o AU- U- x J " 1eV- 1qa' currently emp ed by company)
Telephone Number
FFeesi nHe- Nt* mber kL— A+J j
Years of Service of Account
m
r
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 27 ' ORIO'NAL
BANK, WEST
BNP PAMEM S
1-800-488-2265
We appreciate your business!
BANK, WEST
sNPPARIBAS PURCHASERS. RECORD CASHIERS CHECK 100390992
1-800-488- 2265
9048/ 1211
00690
PURCHASER AAA OIL, INC.
PAY TO THE CITY OF BAKERSFIELD
ORDER OF
Ten Thousand and 00/100ths .Q.ollars
Memo ' bldNo - - o a nd6ntf6r fuel/
CASHIER° S CHECK
11' L00 3909 79 2110 l: L 2 L L00 78. 2i: 04 L00095611' DATE 09/ 08/ 2022
10, 000. 00
CAFI- 1E1- S. 01 GJARAMILLO
ACOR®"
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMmD/ YYYY)
8/12/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY 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( ies) must have ADDITIONAL INSUREDprovisions 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 endorseme s .
PRODUCER
Churchill & Associates Insurance Services, Inc.
31248 Oak Crest Drive, Suite 140
Westlake Village, CA 91361
JM. cTGingerJaramillo
PkoN .
805 ZZO-1170
FAX
L GNo :(80 220. 1168
INSURER AFFORDING COVERAGE NAIC#
INSURERA:GuideOne Insurance Company 15032
INSURED
AAA oil, Inc.
California Fuels & Lubricants; FOPCO, Inc.
11621 Westminster Avenue
Garden Grove, CA 9280
amRERB: General Stair Indemnity Comparw 37362
INsuRERc • Insurance CompanyCompapyof theWW27847 INSURERD Certain Undenn+ riters at LIod° s INSURER
E: INSURER
F • enUa0Ar-=
c e= 0TICICATCw ruRCG• RFVICInN NIIMRFR- THIS
IS TOCERTIFYTHAT THE POLICIESOF INSURANCELISTED BELOW HAVE BEEN ISSUEDTO THEINSUREDNAMED ABOVE FOR THE POLICYPERIODINDICATED.
NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITIONOF ANYCONTRACTOROTHER DOCUMENTWITH RESPECTTO WHICHTHIS CERTIFICATE
MAY BE ISSUEDOR MAYPERTAIN, THE INSURANCEAFFORDED BY THEPOLICIESDESCRIBEDHEREIN IS SUBJECTTOALL THETERMS, EXCLUSIONS AND CONDITIONSOF SUCHPOLICIES. LIMITS SHOWNMAY HAVEBEEN REDUCEDBY PAIDCLAIMS. SR
TYPE OF INSURANCESU POLICY NUMBER PGLICY
EFF MMID
POLICY
EXP U6IrS A
X COMMERCIALGENERAL uABILnY CLAIMS -
MADEa OCCURX X 62P100999-01 5/ 1/ 20225/ 1/ 2023EACH
OCCURRENCE1, 000,000 DAMAGErORENTED
100, 000 MED
EXP one perspAnS 0
PERSONAL &
ADVINJURY 1, 000,000 GEN'
L AGGREGATELIMIT APPLIESPER: X -
LOC POLICYj OTHER:
GENERAL
AGGREGATES 2,
000,000 PRODUCTS
S 2, 000,000 S
A
AUTOMOBILELu BILrTYANYAUTO
X
X
A
TSU AUTOSONLY AUTOS MUS
ONLYAUON X CA
9948MCS90 xx XX
2PI00999-01 5N/ 2022 6/ 1/ 2023COMBINEDSINGLE
LIMIT 1, 000, 000BoDILYINJURYPer
BODILY INJURY (
Per S E S
B
X
uMBRELLALIABEXCESSLIAR
X OCCUR
CLAIMS -MADE
ID( G671934A
5/
1/ 20225/ 1/ 2023EACHOCCURRENCE
5' 000,
000AGGREGATE5,
000, 000DED RETENTIONS
1 S C WORKERSCOMPENSA710M
ANDEMPLOYERS'
L1ABRnYANY PROPRIETORMARTNERIEXECUTIVE
YIN 4EF
e-
75Inaw) EXCLUDED? EVE
IP yes,
describeunderDESCRIPTIONOF
OPERATIONS belowNIA X
WSA
506056302 5M12022 6( 1/ 2023X PER
OTH- F- L
EACHACCIDENTi' QQQ' QQQE. L.
ISEASE-EA EMPLOY 1, 000, 000S LDISEASE-
POLICYLIMIT 110001000D A
Excess
Liability
Motor Truck
Cargo 22` UKPCB2200025-
900W056213100999- 01
5/ 1/
20225/ 1/
20225J1/Z023
5/ 1/
2023Agg /Occurrence
Limit 4,
000,
00050, 000
DESCRIP11ONOF
OPERATIONS I LOCATIONS I VEHICLES PACORD1M. AddMormlRemarksSC _ may be attachedtt more maceIs wwilred) hedulei ._ .. - SHOULDANY
OF THE ABOVEDESCRIBEDPOLICIESBE CANCELLEDBEFORETHE EXPIRATION DATETHEREOF, NOTICEWILL BE DELIVEIIWPOs ACCORDANCEWRH
THEPOLICY PROVISIONS. 7' AUTHORIZEDREPRESENTATIVE t-
i P- 00RIGINAL ACORD
25 (
2016103)
019M2015 ACORDCORPORATION. All rights reserved. The ACORD name and logo are registeredmarksof ACORD
Supplier name: kA-A- 6 tL,
r
IIIJC-
EXCEPTIONS —
In the space provided below, state any exceptions to the contract requirements and/ or specifications of Bid No. 22- 23-03. Supplierunderstandsthat the City reserves the right to reject the bid if it is offered conditionally, includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents or expresses i exceptionsor qualificationson the technical specificationsnot acceptableto the City. However, the City reserves the right to permit the bidder to withdraw non -conforming terms and conditions from its bid response prior to the determination of the City of non -responsiveness based on the submission of non -conforming terms and conditions. gAKF9
o s-,
r
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 28
CERTIFICATION OF EXAMINATION AND
ACCEPTANCE OF BID REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCKITRAILER LOAD
QUANTITIES
The undersigned, a duly authorizedofficer of * P D l I WC- does hereby represent, warrant and agree to the following:
1. Supplier, in submitting a bid, warrants that it has full power and authorityto comply with the requirements specified herein and will holdthe City harmlessfrom and against anyand all loss, cost, liability, and expense includingreasonableattorneyfees) arising out of any breach of thiswarranty.
2. The Supplier, in submitting a bid, warrants that it is fully experiencedand properly qualified to providethe materialsand/or services required herein, and that it is regularlyengagedin the generalclassor type ofwork called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein.
3. Supplier has carefully investigatedall conditionsthat affect, or mayat some future date affect, the provision of materialsor performanceof servicescovered by this solicitation, andis satisfiedas to thecharacter, quality, and quantitiesof materialsto be providedor work to be performedandas to the requirementsof the Invitation to Bid. Submission of a bid shall also be evidence that the Supplier is familiar with directives that in any way affect prosecutionof the work or personsengagedor employedin thework. The City shall not be responsible for any error or omission in any bid.
4. Supplier shall at no time after submission of a bid make any claim or assertion that there was any misunderstandingor lack of information regarding the nature or amount of work necessaryfor satisfactory performanceunderthe contract. If the Supplierreceives an award as a result of this Invitationto Bid, failure to have made such investigations and examinations will in no way relieve the Supplier from its obligations to comply in everydetail with all provisionsand requirementsof the Invitationto Bid and all contract documents, nor will a pleaof ignoranceof such conditionsand requirementsbe acceptedas a basisfor claim whatsoever by the Supplierfor additionalcompensation.
5. Supplier agrees to all of the provisions, terms and conditions of Invitation to Bid, including pricing/ escalation provisions, insurance and indemnification requirements, all without exception, unless so stated in the Exceptions" section of the Bid Form. Supplier understands that the City of Bakersfield reserves the right to reject any or all bids containing exceptions or to require modifications before acceptance.
6. Supplier agrees to secure insurance coverage at the limits required by the City of Bakersfield.
7. Supplier agrees to the termination and non - appropriation clauses of the Invitation to Bid. 60* MZA%-A:5
A — I ?/ b0' 11'L
Date of Signing
gAKF9
o s,
rn
r-
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 29
NON - COLLUSION AFFIDAVIT
To Be Executed By Bidder & Submitted With Bid
OK to attach acknowledgment)
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23. 03
The undersigned, being duly sworn, deposes and says that he or(& is " V4- o 4!* ( tit of Ar A# IL. 1NV - ( company) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation: that the bid is genuine and not collusive or sham; that he/ she has not, either directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bid has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bid, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Bidder' s Name: 4 A L. II.O, / J- lgni WO— 4f 0-1.0 LA97 Signature of Bidder:
Title: V""+ n N' zwf- 1_1
Business Address: i 1 IN5V, i2 AryVE. 66- 9; bW
Place of Residence: It41,- W, SyC ywa MJzD Yam. i287o STATE OF CALIFRNIA } COUNTY
OF MOM At On (
date), before me, a Name
and Title of theOfficer), pe onallyappearedNames(
s) ofSigner(s), whoprovedto meon thebasisof satisfactoryevidence to betheperson) wh namel0' is subscribedto he withininstrumentand acknowledgedto that he toy executedthe samein a thWauthorizedcapacity( io, and that by t r e
theirsigna
ure* on the instrumentthe pe nk, or theentityupon behalf of whichthe persona) acted, executed the instrument. I
certifyunder PENALTYOF PERJURYunder the lawsof theStateof Californiathat the foregoingparagraph is trueand correctWITNESS
my handand officialseal. Notary
Public SignatureDDEIGAD
O b d •• '"'
Y' . COMM. 02368156a,
l
o;•<
4 ? F - svG Notary PublicCaliforniao Orange
CountyMy
Comm. ExpiresJuly28, 2125i
o
Annual
Contract for Fuel, Bid No. 22- 23- 03 Page 30
WORKERS' COMPENSATION INSURANCE CERTIFICATE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22 23- 03 N ANNUAL CONTRACT FOR FUEL, TRUCK/ TRAILER LOAD
QUANTITIES
The Supplier shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
1 am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract." LIIb1C,-
Name of li er rson, Firm, 9r1CVrF
ti r U
Name & Tit a of Authorized Representative
q —12,- 7'02'7i
Date of Signing
m
F- r
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 31
STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 - ANNUAL CONTRACT FOR FUEL, TRUCKITRAILER LOAD
QUANTITIES
Supplier shall carefully review the insurance requirements applicable to this contract. Supplier shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Supplier, his agents, representatives, employees or subcontractors.
Prior to commencement of work under the contract, Supplier shall provide to the City original, signed certificates and original, separate amendatory endorsements, naming the City asadditional insured for liability insurance and automobile insurance as well as a waiver of subrogation for Workers Compensation.
MINIMUM SCOPE OF INSURANCE
1. Workers Compensation Insurance as required by the State of California
2. Employers Liability Insurance
3. Original and separate Waiver or Subrogation for Workers' Compensation Insurance
4. Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 0001)
5. InsuranceServicesOffice Automobile Liability coverage (FormCA 0001, Code1, Any Auto)
6. Original and separateAdditional InsuredEndorsementsfor Generaland Automobile Liabilitywith primary language BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation to Bid No. 22- 23- 03. Should the Bidder be awarded the contract for the work. Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of subcontractors, and agreesto name the City as Additional Insured for the work specified.
40 Pr ot!:, t IJ G
Name of Bi der erson, Firm, or Corporation)
inp . - 00'91e'
Signat a of Bi er' s Authorized Represen ati e
J 6L G lje- t - w. t _ vwc 12
Name & Title of Authorized Representative
Date of Signing
rn
ORIGINAL
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 32
STATEMENT OF OSHA COMPLIANCE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 22- 23- 03 — ANNUAL CONTRACT FOR FUEL, TRUCKITRAILER LOAD
QUANTITIES
Supplier hereby agrees to comply in all respects to the Williams -Steiger Occupational Safety and Health Act of 1970 and all revisions thereto.
Name & Title of Authorized Representative
G1- Is-
Date of Signing
o-
gPKE9s
o
OoRIGINP.L
Annual Contract for Fuel, Bid No. 22- 23- 03 Page 33
We Power Your Success
September 12, 2022
Purchasing Division
City of Bakersfield
1600 Truxtun Ave., 2" d Floor
Bakersfield, Ca 93301
AAA Oil, Inc.
California Fuels & Lubricants
11621 Westminster Ave
Garden Grove, CA 92843
Phone: 714- 530- 4795
Fax: 714- 530- 5026
Attn: Ms. Kim Berrigan
RE: Bid No. 22- 23- 03 Annual Contract for Fuel — Truck/ Trailer Load Quantities Dear Ms. Berrigan,
Please find enclosed 1 original and 1 copy of our bid submittal along with a Cashiers Check in the amount of $ 10. 000.
Please free to contact me with any questions or need for clarification. yogikindly
ennif r Crawley
aarket g Manager
7 6- 7813 Direct
jcrawleyQcafueling. com
consideration,
g
AkF9o s
m
U
Mailing Address: P.O. Box 8658, FountainValley, CA 92728 www. cafueling. com CAFUELS- 01 GJARAMILLn
ACORN"
CERTIFICATE OF LIABILITY INSURANCE
DATE( MMIDDIYYYY)
9/ 19/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY 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 anADDITIONALINSURED, the policy(ies) must haveADDITIONALINSUREDprovisions or beendorsed.
If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies mayrequire an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Associates Insurance Services, Inc.
31248 Oak Crest Drive, Suite 140
Westlake Village, CA 91361
CONTACT Ginger Jaramillo
NAMChurchillPHONE , Ext : 805 220-1170
FAX
g05 220- 1168Arc, No):( )
ADDRESS:
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: GUIdeOne Insurance Company 15032
INSURED
AAA Oil, Inc.
California Fuels and Lubricants; FOPCO, Inc.
11621 Westminster Avenue
INSURER13: General Star Indemnity Company 37362
INSURERC : Insurance Company of the West 27847
INSURERD : Certain Underwriters at Lloyd' s
INSURER E : Garden Grove, CA 92843
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
LTR TYPE OF INSURANCE ADDLINSDSUBRWVD POLICY NUMBER
POLICY EFF
p
POLICY EXP
p LIMITS
A X COMMERCIALGENERALLIABILITY
CLAIMS -MADEI X I OCCUR X X 62P100999- 01 5/ 1/ 2022 5/ 1/ 2023 EACH OCCURRENCE 1, 000, 000
DAMAGE TO RENTED
PREMISES Ea occurrence
100, 000
IVIED EXP ( Any oneperson) 0
PERSONAL & ADV INJURY
1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:
X POLICY JEo LOC
GENERAL AGGREGATE 2, 000, 000
PRODUCTS- COMPIOP AGG 2, 000, 000
OTHER:
A AUTOMOBILELIABILITY CFO, e. id.n,
SINGLE LIMIT 1, 000, 000
BODILY INJURY Perperson) ANY AUTO X X 62P100999- 01 5/ 1/ 2022 5/ 1/ 2023 X BODILY INJURY Per accident
OWNED SCHEDULED
AUTOS ONLY AUTOS
X PROPERTY DAMAGE
Per accident
NON - OWNED
AUTOS ONLY AUTOS ONLY
HIRED
1XX
CA 9948 MCS 90
X
B X UMBRELLALIAR OCCUR EACH OCCURRENCE
5, 000, 000
M AGGREGATE 5, 000, 000EXCESS LIAR CLAIMS - MADE IXG671934A 5/ 1/ 2022 5/ 1/ 2023 DEDI I RETENTION $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y/ N
OANYFFICER/MEMBEREXCLUDED?
ECUTIVE
Mandatory in NH)
N / A
WSA 5060563 02 5/ 1/ 2022 5/ 1/ 2023
X PER OTH-
s U E ER
E. L. EACH ACCIDENT 1, 000, 000
E. L. DISEASE - EA EMPLOYEE 1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000
D Excess Liability 22* UKPCB2200025- 90084* 05 5/ 1/ 2022 5/ 1/2023 Agg / Occurrence 4, 000, 000 A Motor Truck Cargo 62P100999- 01 5/ 1/ 2022 5/ 1/ 2023 Limit 50, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is re , fired) City Of Bakersfield, Its Mayor, Counsel, Officers, Agents, Employees, And Designated Volunteers Are Included As Additional Insureds With Respect To General Liability And Auto Liability
Waiver Of Subrogation Applies To General Liability And Auto Liability Primary And Non -Contributory Wording Applies To General Liability And Auto Liability 30 Day Notice Of Cancellation / 10 Day Notice For Non -Payment
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE D BEFORE City Of Bakersfield
THE EXPIRATION DATE THEREOF, NOTICE WILL B iozED IN
d ACCORDANCE WITH THE POLICY PROVISIONS.
1501 Truxtun Ave
Bakersfield, CA 93301
to
AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovidedby this endorsement, the provisionsof the CoverageForm apply unless modified by the endorsement.
A. The following is added to the Other Insurance B.
Condition in the Business Auto Coverage Form
and the Other Insurance — Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form' s Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an " insured" under your policy provided that:
1. Such " insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".
The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an " insured" under
your policy provided that:
1. Such " insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".
CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 POLICYNUMBER: 62P100999-oi COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
Thisendorsementmodifiesinsuranceprovidedunderthe following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovided by this endorsement, the provisionsof the CoverageForm apply unless modified by this endorsement.
Thisendorsementidentifiesperson(s) or organization(s) whoare "insureds" for CoveredAutos LiabilityCoverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: AAA OIL, INC.
Endorsement Effective Date: 05/ 01/ 2022
SCHEDULE
Name Of Person( s) Or Organization( s):
Blanket as per written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A. I. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
gAK c
r
CRICIN JL
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 62P100999- 01
COMMERCIAL AUTO
CA04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respectto coverageprovidedby this endorsement, the provisionsof the CoverageForm apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: AAA OIL, INC.
Endorsement Effective Date: 05/ 01/ 2022
SCHEDULE
Name( s) Of Person( s) Or Organization( s):
Blanket as per Written Contract or Agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the " accident" or the " loss" under a contract with that person or organization.
o``
gAxF
ORIGINAL'
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
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
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
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
2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
PKF9
Opt
cS'„
F— r
0RIGINAI-
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 6217100999-01 COMMERCIAL GENERAL LIABILITY CG20260413
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):
BLANKET AS PER WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to 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. (§, AKFq
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. F m CG 20 26 04 13 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 POLICY NUMBER: 62P100999- 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
BLANKET AS PER WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the " products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
bNKF?
ffl
F-
9! G! NP1.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 Ed. 8- 00)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We havethe right to recover our paymentsfrom anyone liablefor an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be
otherwise due.
Person or Organization
ANY
PERSON/ ORGANIZATION
WHEN REQUIRED BY
WRITTEN CONTRACT
2 % of the total California Workers' Compensation premium Schedule
Job Description
ALL CALIFORNIA
OPERATIONS
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 5/ 1/ 2022 Policy No. WSA 5060563 02 Endorsement No.
Insured AAA OIL INC Premium $ INCL.
Insurance Company INSURANCE COMPANY OF THE WEST
Countersigned By
WC 99 06 34
Ed. B-00) ' o
rn
ORIGINAL
INSURED