GSD-S Formal Cooperative Purchase Agt.(10-2023)
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FORMAL COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into EFFECTIVE ____________________________. by and between CITY OF FRESNO, a California municipal corporation (City ), and ROBERT V. JENSEN, INC., a California Corporation (V endor).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. T
he Charter for the City allows for cooperative purchase agreements for materials, supplies and equipment. The City is allowed to piggyback an existing government agency’s agreement, under Fresno City Charter 1208. The parties agree the Vendor was the lowest responsive and responsible bidder for Invitation for Bid (IFB) issued by County of Fresno Request for Quotation No. 24 -074. The IFB is attached hereto as Exhibit A and is incorporated herein by reference. The Parties agree that the Vendor has entered a Cooperative Purchase Contract with Robert V. Jensen, Inc. (Original Government Contract).
2. Vendor ’s Obligation. Vendor shall provide those services and carry out that work described in the Original Government Contract, which is attached hereto as Exhibit B and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
3. City’s Obligation. City shall make to the Vendor those payments described in Exhibits A and B, subject to all the terms and condition contained or incorporated herein
4. Notwithstanding the requirements that the Original Government Contract is fully binding on the Parties, the parties have agreed to modify certain non- material provisions of the Original Government Contract as applied to this Agreement between the Vendor and the City, as follows:
a) City’s Insurance and Indemnity provisions attached as Exhibit C. b) Address change for the City : Notwithstanding the address and contract information for the government entity as set out in Exhibit B, the Vendor agrees that notices and invoices will be sent to:
City of Fresno
Attention: Duane Myers
2101 G St, Bldg F
Fresno, CA 93706
Phone: (559) 621-1186
E-mail: [email protected]
GSD-S Formal Cooperative Purchase Agt.(10-2023)
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c) Notwithstanding anything in Exhibits A and B to the contrary, this Agreement shall be governed by, and construed and enforced in accordance with , the laws of the State of California, excluding however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
d) All other provisions in the Original Government Contract are fully binding on the parties and will represent the agreement between the City and the Vendor. [
Signatures follow on the next page.]
GSD-S Formal Cooperative Purchase Agt.(10-2023)
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales
Purchasing Manager
N
o signature of City Attorney required.
Standard Document #GSD-S Formal
Cooperative Purchase Ag t. (10-2023)
has been used without modification, as
certified by the undersigned.
By:
Tamra Torrence
Senior Procurement Specialist
A
TTEST:
TODD STERMER, CMC
City Clerk
By:
Da te
Deputy
A
ddresses:
CITY
City of Fresno
Attention: Duane Myers
2101 G St. Bldg F
Fresno, CA 93706
Phone: (559) 621-1186
E-mail: [email protected]
FAX:
Robert V. Jensen, Inc., a California
Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
V
endor:
Robert V. Jensen, Inc.
Attention: Michael A. Martin
P.O. Box 12907
Fresno, CA 93779-2907
Phone: (559) 485-8210
E-mail: [email protected]
FAX: (559) 485-8503
A
ttachments:
Exhibit A - Invitation For Bids
Exhibit B - Original Government Contract
Exhibit C - City’s Insurance and Indemnity
EXHIBIT A
Invitation for Bids
DocuSign Envelope ID: DC23ECD1-CFDF-45CC-99E5-1428148BD9E4 24-074 Bulk Fuel and Delivery
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 24-074
BULK FUEL AND DELIVERY
Issue Date: June 4, 2024
Closing Date: JULY 3, 2024 AT 9:00 AM
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Crystal Nino at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms stated in this RFQ.
Bid must be signed and dated by an authorized officer or employee.
COMPANY
CONTACT PERSON
ADDRESS
CITY STATE ZIP CODE
( )
TELEPHONE NUMBER E-MAIL ADDRESS
AUTHORIZED SIGNATURE
PRINT NAME TITLE
Purchasing Use: CN:st ORG/Requisition: 8910 / 8912400562
Quotation No. 24-074 Page 2
24-074 Bulk Fuel and Delivery
TABLE OF CONTENTS
PAGE
KEY DATES .................................................................................................................... 3 OVERVIEW ..................................................................................................................... 3 BID INSTRUCTIONS ...................................................................................................... 4 GENERAL REQUIREMENTS & CONDITIONS ............................................................... 5 INSURANCE REQUIREMENTS ................................................................................... 11 PARTICIPATION ........................................................................................................... 13
PREFERENCE CERTIFICATION LOCAL VENDOR AND/OR DISABLED VETERANS BUSINESS ENTERPRISE ............................................................................................ 16 REFERENCE LIST ........................................................................................................ 18 SPECIFICATIONS ........................................................................................................ 19 QUOTATION SCHEDULE ............................................................................................. 21 CHECK LIST ................................................................................................................. 23 EXHIBITS ...................................................................................................................... 24
Quotation No. 24-074 Page 3
24-074 Bulk Fuel and Delivery
KEY DATES
RFQ Issue Date: June 4, 2024
Written Questions for RFQ Due: June 20, 2024 at 9:00 AM Questions must be submitted on the Bid Page at Public Purchase.
RFQ Closing Date: July 3, 2024 at 9:00 AM
Quotations must be electronically submitted on the Bid Page.
OVERVIEW
The County of Fresno on behalf of the Department of Internal Services – Fleet Services division (ISD - Fleet), is soliciting bids from qualified vendors to establish an agreement under which the successful bidder will provide fuel in adherence with State of California specifications and California Code of Regulations (gasoline, renewable diesel, ULSD, ULSD RR, red dye renewable, ULS renewable- R) in bulk on an as-needed basis.
The County of Fresno intends to award one (1) bidder for a contracted term of five (5) total years, which will consist of a three- year initial term, and two optional one- year extensions.
If during a delivery, the existing product in a tank is in any way contaminated by the delivering company (for example: renewable diesel is put into an unleaded tank or vice versa) then delivering company shall replace the fuel that existed in the tank prior to contamination at the delivery company’s own cost. (Inventory to be based on Veeder Root reading prior to fuel drop).
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24-074 Bulk Fuel and Delivery
BID INSTRUCTIONS
• Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete transmissions.
• Bids received after the closing time will NOT be considered. • All quotations shall remain firm for 180 days.
• Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing prior to the date and time stated within this document. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. • ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has bee n issued by County of Fresno, Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it.
All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with their telephone number, and they should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor’s quotation.
The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board.
• APPEALS: Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A “Notice of Award” is not an indication of County’s acceptance of an offer made in response to this RFQ. Appeals shall be submitted to County of Fresno Purchasing, 333 W. Pontiac Way, Clovis, CA 93612 and in Word format to [email protected] . Appeals should address only areas regarding RFQ contradictions, procurement errors, proposal rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFQ process.
Purchasing will provide a written response to the complainant within seven (7) working days unless the complainant is notified more time is required. If the appealing bidder is not satisfied with the decision of Purchasing, bidder shall have the right to appeal to the County Administrative Office within seven (7) working days after Purchasing’s notification; if the appealing bidder is not satisfied with CAO’s decision, the final appeal is with the Board of Supervisors. Please contact Purchasing if the appeal will be going to the Board of Supervisors.
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24-074 Bulk Fuel and Delivery
GENERAL REQUIREMENTS & CONDITIONS
LOCAL VENDOR PREFERENCE AND DISABLED VETERAN BUSINESS ENTERPRISE BID PREFERENCE: The Local Vendor Preference and Disabled Veteran Business Enterprise Preference do apply to this Request for Quotation.
DEFINITIONS: The terms Bidder, Proposer, Contractor and Vendor are all used interchangeably and refer to that person, partnership, corporation, organization, agency, etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ).
INTERPRETATION OF RFQ: Vendors must make careful examination of the requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required. If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation, correction thereof may be requested in writing from Purchasing by June 20, 2024 at 9:00 AM, cut-off.
Questions must be submitted on the Bid Page at Public Purchase or contact Crys tal Nino at (559) 600-7110.
NOTE: Time constraints will prevent County from responding to questions submitted after the cut -off date.
Any change in the Request for Quotation will be made by written addendum issued by the County . The County will not be responsible for any other explanations or interpretations.
EXCEPTIONS: Please provide any exceptions to the general requirements and conditions taken by the bidder. If exceptions are not noted, the County will assume that the bidder’s quotation meets those requirements.
AWARD: Award will be made to the vendor(s) offering the services, products, prices, delivery, equipment and system deemed to be to the best advantage of the County. Past performance (County contracts within the past seven years) and references may factor into awarding of a contract. The County shall be the sole judge in making such determination. Award Notices are tentative: Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing.
RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation.
CODES AND REGULATIONS: All work and material to conform to all applicable Federal, State, local and special district building codes, laws, ordinances, and regulations.
SALES TAX: Fresno County pays California State Sales Tax regardless of vendor's place of doing business.
TAXES, PERMITS & FEES: The successful bidder shall pay for and include all federal, state and local taxes direct or indirect upon all materials; pay all fees for, and obtain all necessary permits and licenses, unless otherwise specified herein.
TAXES, CHARGES AND EXTRAS:
A) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94- 73-03401-K.
B) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno.
C) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by them on contract or award resulting from this bid, if returned in good condition by the County.
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24-074 Bulk Fuel and Delivery
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
MINOR DEVIATIONS: The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor. The County may require additional items from those in bid schedule.
BIDDERS’ LIABILITIES: County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFQ.
PRICE RESPONSIBILITY: The selected vendor will be required to assume full responsibility for all services and activities offered in the quotation, whether or not they are provided directly . Further, the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The contractor may not subcontract or transfer the contract, or any right or obligation arising out of the contract, without first having obtained the express written consent of the County.
PRICES: Bidder agrees that prices quoted are for the contract period, and in the event of a price decline such lower prices shall be extended to the County of Fresno. Prices shall be quoted F.O.B . destination.
CONFIDENTIALITY: Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation.
NEWS RELEASE: Vendors shall not issue any news releases or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno.
BACKGROUND REVIEW: The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community . By submitting a quotation/bid to the County, the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry.
ADDENDA: In the event that it becomes necessary to revise any part of this RFQ, addenda will be provided to all agencies and organizations that receive the basic RFQ.
CONFLICT OF INTEREST: The County shall not contract with, and shall reject any bid or quotation submitted by the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:
1. Employees of the County or public agencies for which the Board of Supervisors is the governing body.
2. Profit-making firms or businesses in which employees described in Subsection (1) serve as officers, principals, partners or major shareholders.
3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of Subsection (1), and who were employees in positions of substantial responsibility in the area of service to be performed by the contract, or participated in any way in developing the contract or its service specifications.
4. Profit-making firms or businesses in which the former employees described in Subsection (3) serve as officers, principals, partners or major shareholders.
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24-074 Bulk Fuel and Delivery
5. No County employee whose position in the County enables them to influence the selection of a contractor for this RFQ, or any competing RFQ, and no spouse or economic dependent of such employee, shall be employees in any capacity by a bidder, or have any other direct or indirect financial interest in the selection of a contractor.
INVOICING: All invoices are to be delivered to [email protected] . Each invoice shall
reference the purchase order or contract number and the equipment number if applicable.
PAYMENT: County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month. Terms of payment will be net forty-five (45) days. County will consider the Bidder’s Cash discount Offer, in lieu of the net forty-five (45) days payment terms.
CONTRACT TERM: It is County’s intent to contract with the successful bidder for a term of three (3) years.
RENEWAL: Agreement may be renewed for a potential of two (2) one (1) year periods, based on the mutual written consent of all parties.
QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities.
ORDERING: Orders will be placed as required by County of Fresno Fleet Services .
TERMINATION: The County reserves the right to terminate any resulting contract upon written notice.
INDEPENDENT CONTRACTOR: In performance of the work, duties, and obligations assumed by Contractor under any ensuing Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of Contractor’s officers, agents, and employees will at all times be acting a nd performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof . Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of the Agreement, Contractor may be providing services to others unrelated to the County or to the Agreement.
SELF-DEALING TRANSACTION DISCLOSURE: Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation), or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor’s Board of Directors shall disclose any self -dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter.
HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses (including attorney’s fees and costs), damages, Quotation No. 24-074 Page 8
24-074 Bulk Fuel and Delivery
liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement.
SAFETY DATA SHEETS: With the invoice or within twenty -five (25) days of delivery, the seller must provide to the County a Safety Data Sheet for each product, which contains any substance on “The List of 800 Hazardous Substances”, published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act, California State Labor Code Sections 6360 through 6399.7.) EXAMINATION OF SITE: Where work is to be performed on County site, each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the job and of all problems affecting it. No variations or allowance from the contract sum will be made because of lack of such examination.
DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the contractor in the performance of their work shall be replaced or repaired and restored to original condition by the contractor.
CLEAN UP: The Contractor shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by their employees or work and shall remove all resulting work debris from the job site.
WATER, POWER & TOILET FACILITIES: Successful bidder may use County owned water, power and toilet facilities at job site (when existing) at no expense to the successful bidder . Successful bidder will be required, however, to provide piping, fittings and other items as necessary to bring water and power from existing service to job site.
COORDINATE WORK WITH OWNER: Successful bidder shall coordinate and schedule the work with the County so that any interruption to the normal business operations be kept to a minimum.
INSPECTION: All material and workmanship shall be subject to inspection, examination and test by the County at any and all times during which manufacture and/or construction are carried on. The County shall have the right to reject defective material and workmanship or require its correction.
SUPERVISION: The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which they are remunerated in the contract price. They shall carefully inspect the site and study and compare all drawings, specifications and other instructions, as ignorance of any phase of any of the features or conditions affecting the contract will not excuse them from carrying out its provisions to its full intent.
STANDARD OF PERFORMANCE: All work shall be performed in a good and workmanlike manner.
SAFEGUARDS: The successful bidder shall provide, in conformity with all local codes and ordinances and as may be required, such temporary walls, fences, guardrails, barricades, lights, danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed.
DISPUTE RESOLUTION: The ensuing contract shall be governed by the laws of the state of California.
Any claim which cannot be amicably settled without court action will be litigated in the U .S. District Court for the Eastern District of California in Fresno, CA or in a state court for Fresno County.
DEFAULT: In case of default by the selected bidder, the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder, or by any other legal means available to the County.
Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder
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ASSIGNMENTS: The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno.
ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work.
OBLIGATIONS OF CONTRACTOR: Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Contr ol Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
TIE BIDS: With all other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, the tied vendors will be granted the opportunity to submit new bids or the entire bid may be rejected and re- bid. If the General Requirements of the RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph.
DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the County for the purpose of providing services must employ adequate controls and data security measures, both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or inadvertent access, viewing, use or disclosure of County data including sensitive or personal client information; abuse of County resources; and/or disruption to County operations.
Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a secure connection; up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (County or Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s Chief Information Officer and/or designee(s).
No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher).
The County will immediately be notified of any violations, breaches or potential breaches of security related to County’s confidential information, data and/or data processing equipment which stores or processes County data, internally or externally.
County shall provide oversight to Contractor’s response to all incidents arising from a possible breach of security related to County‘s confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as deemed necessary by County in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification.
AUDITS AND RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed.
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BIDDER TO COMPLETE:
GUARANTEED PICK UP AND/OR DELIVERY: Bidder will be considered in award of bid only if they can guarantee. Enter guarantee on this line (i.e. number of days from receipt of order to delivery):
MINIMUM ORDER: Bidder to state minimum order quantities and charges for less than minimum order quantity (if not stated it will be assumed there are none).
SUBCONTRACTORS:
List all subcontractors that would perform work in excess of one/half of one percent of the total amount of your bid, and state general type of work such subcontractor would be performing. The primary contractor is not relieved of any responsibility by virtue of using a subcontractor:
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INSURANCE REQUIREMENTS
INSURANCE: Without limiting the County’s right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self -insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor’s policy.
B. A
utomobile Liability : Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement.
C. P
rofessional Liability : Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims -made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims -made policy for a minimum of five years after completion of services under this Agreement.
D. W
orker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits.
Additional Requirements Relating to I nsurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under C ontractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement.
Within thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Fleet Services, 4551 E. Hamilton Ave., Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be Quotation No. 24-074 Page 12
24-074 Bulk Fuel and Delivery
cancelled or changed without a minimum of thirty (30) days advance, written notice given to C ounty.
Certificates of insurance are to include the contract number at the top of the first page.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the C ounty may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better.
Quotation No. 24-074 Page 13
24-074 Bulk Fuel and Delivery
BIDDER TO COMPLETE THE FOLLOWING:
PARTICIPATION
The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties .
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place by one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County.
Yes, we will extend contract terms and conditions to all qualified agencies within the Central Valley Purchasing Group and other tax supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
(Authorized Signature)
Title
Quotation No. 24-074 Page 14
24-074 Bulk Fuel and Delivery
COUNTY OF FRESNO LOCAL VENDOR BID PREFERENCE
AND
DISABLED VETERAN BUSINESS ENTERPRISE BID
PREFERENCE
The Local Vendor and Disabled Veteran Business Enterprise Preferences apply to this RFQ.
Whenever the CAO purchases supplies, materials and/or equipment for the County through the use of competitive bids, the CAO, in evaluating the price or bid for such supplies, materials and/or equipment shall determine if each bidder is a Fresno County Local Vendor (FCLV) and/or a Disabled Veteran Business Enterprise (DVBE). Bidders that are either an FCLV or a California State Certified DVBE may be granted a preference when determining the award of a bid. FCLV and DVBE, for the purposes of this section, are defined below.
A. Fresno County Local Vendor (FCLV)
1. The vendor has its headquarters, distribution point or locally-owned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the CAO; and
2. The vendor holds any required business license by a jurisdiction located in Fresno County; and
3. The vendor employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is located within Fresno County.
B. Disabled Veteran Business Enterprise (DVBE)
A vendor must be certified by the State of California as a Disabled Veteran Business Enterprise (DVBE) as of the close of the competitive bid process in which they are participating. State certification as a DVBE is issued by the California Department of General Services.
Other Conditions
1. Any vendor claiming to be a FCLV as defined above, or a DVBE shall so certify in writing to the CAO .
The CAO shall not be required to verify the accuracy of any such certifications, and shall have sole discretion to determine if a vendor meets the definition of a FCLV.
2. Any person or business falsely claiming to be a FCLV or DVBE under this section shall be ineligible to transact any business with the County for a period of not less than three (3) months and not more twenty-four (24) months as determined at the sole discretion of the CAO. The CAO shall also have the right to terminate all or any part of any contract entered into with such person or business.
3. In the event that the CAO rejects a vendor’s claim that they are a FCLV and/or a DVBE, and as such declares them to be ineligible, such vendor shall be entitled to a public hearing before the Board of Supervisors and a five (5) day notice of the time and place thereof.
4. This section shall not apply to contracts required by state or federal statutes or regulations to be awarded to the lowest responsible bidder or otherwise exempted from local preference.
Preferences
FCLVs and DVBEs that submit a bid within five percent (5%) of the lowest responsive and responsible bid will, under certain specified circumstances, qualify to submit a new bid within two County business days of County’s notification. Such new bids must be in an amount less than or equal to the lowest responsive and responsible bid previously determined by the CAO. If the CAO receives new bids from qualifying FCLVs and/or DVBEs, they shall award the contract to the FCLV or DVBE that submits the lowest responsive and responsible bid. If no new bids are received, the contract shall be awarded to the original low bidder as announced by the CAO. The lowest responsive and responsible bid shall be solely determined by the CAO .
Quotation No. 24-074 Page 15
24-074 Bulk Fuel and Delivery
The CAO will consider the following four categories of bidder relative to the Fresno County Local Vendor Preference and the Disabled Veteran Business Enterprise Preference.
Vendor Preference Categories
1) FCLV – Fresno County Local Vendor as defined above.
2) DVBE – Disabled Veteran Business Enterprise as defined above; a DVBE is not also a FCLV unless specifically designated as such.
3) FCLV & DVBE – A vendor that is both a Fresno County Local Vendor and Disabled Veteran Business Enterprise as defined above.
4) VNP – Vendor No Preference; A vendor that is neither a Fresno County Local Vendor nor a Disabled Veteran Business Enterprise.
The following table identifies the various combinations of vendor preference categories that could be received in response to an RFQ. It also indicates when a vendor qualifies for a re-bid under either the FCLV or DVBE Preference.
The first column of the table identifies the Vendor Preference Category of the bidder that the CAO has determined to be the lowest cost, responsive and responsible bidder. Each vendor preference category is shown in the columns to the right. The table indicates when a vendor category qualifies for a re-bid relative to the low bid category in the first column (read left to right).
Low Bid Submitted by
Vendor Preference Category FCLV & DVBE FCLV DVBE
(Not a FCLV) VNP
FCLV & DVBE
Award to Low BidNo Re-bid
Opportunity
No Re-bid
Opportunity
No Re-bid
Opportunity
No Re-bid
Opportunity
No Re-bid
Opportunity
VNP
Award Subject to Preference Re-bid
May Re-bid
when within 5%
of low bid
May Re-bid
when within 5%
of low bid
May Re-bid
when within 5%
of low bid
No Re-bid
Opportunity
FCLV
Award Subject to Preference Re-bid
May Re-bid
when within 5%
of low bid
No Re-bid
Opportunity
No Re-bid
Opportunity
No Re-bid
Opportunity
DVBE
(Not a FCLV)
Award Subject to Preference Re-bid
May Re-bid
when within 5%
of low bid
May Re-bid
when within 5%
of low bid
No Re-bid
Opportunity
No Re-bid
Opportunity
Applying the Preferences
In determining the award of a Request for Quotation (RFQ), the CAO will first identify the lowest cost responsive and responsible bidder, and award will be made to that vendor when such vendor is both a FCLV and a DVBE.
If the lowest such bidder is not an FCLV, it will be determined if the Local Vendor Preference and/or the DVBE Preference are applicable to other bidders. The preferences will then apply to bids submitted by FCLVs and DVBEs that are within 5% of the designated low bid. The vendors submitting bids that are within the 5% will be granted an opportunity to submit a new bid. It must be stressed that in the event of a tie between a FCLV and a DVBE that is not a FCLV, the FCLV shall take precedence in award of the contract .
This condition is necessary to remain consistent with Fresno County Charter Section 12 (h), which specifically calls for a preference to local vendors.
When the lowest responsive and responsible bidder is a FCLV, other bidders who are both FCLVs and DVBEs will have the opportunity to re-bid.
When the lowest responsive and responsible bid is from a non-local DVBE, all FCLVs will be offered a re-bid opportunity.
Quotation No. 24-074 Page 16
24-074 Bulk Fuel and Delivery
PREFERENCE CERTIFICATION
LOCAL VENDOR
AND/OR
DISABLED VETERANS BUSINESS ENTERPRISE
The Fresno County Local Vendor Preference (FCLV) and the Disabled Veteran Business Enterprise Preference (DVBE) are applicable to this Request for Quotation as previously explained.
Qualified Vendors that desire consideration as a FCLV and/or a DVBE under this RFQ must complete the “Statement of Local Vendor Certification” and/or the “Statement of DVBE Certification”, each is included below, and submit it/them as a part of their quotation. Late submittals of these certification forms will not be considered. Submission of either or both certifications will qualify the vendor for treatment as a local vendor or a DVBE for purposes of this RFQ only. The certification(s) made under this RFQ do not qualify the vendor for a preference under any other RFQ.
NOTIFICATION OF RE-BID
If a vendor’s bid qualifies under the Fresno County Local Vendor Preference or the DVBE Preference, the vendor will be notified of his/her opportunity to re-bid. If so notified, the Vendor must submit his/her re-bid within two County business days of notification.
Notification will be issued by e-mail or Fax, whichever is preferred by the vendor. Notification to Vendor shall be considered complete upon County’s transmission of e-mail or Fax. It will be the vendor’s responsibility to check his/her e-mail or Fax messages for notification. The vendor’s delay in retrieval of his/her notification will not alter the two (2) County business day period allowed for re-bid submission.
FCLV or DVBE TO COMPLETE:
Indicate ONE method for notification of re-bid opportunity by providing the appropriate e-mail address or Fax number. Submit this document as a part of your quotation.
E-Mail Address or Fax Number (Identify contact person)
Quotation No. 24-074 Page 17
24-074 Bulk Fuel and Delivery
STATEMENT OF LOCAL VENDOR CERTIFICATION
COUNTY OF FRESNO
Qualified local vendors desiring consideration under the Fresno County Local Vendor Preference must complete the following and submit with their quotation (print or type).
I ,
(individual submitting bid) (title)
of/for Certify that
(Company Name) (Company Name)
Is a Fresno County local Vendor as defined within this RFQ and therefore qualifies for the Local Vendor Preference.
Signature Title Date
(Print Name)
STATEMENT OF DISABLED VETERAN BUSINESS ENTERPRISE
CERTIFICATION
Qualified vendors desiring consideration under the Fresno County DVBE Preference must complete the following and submit with their quotation (print or type).
I ,
(individual submitting bid) (title)
of/for Certify that
(*Company Name) (Company Name)
Is a Disabled Veteran Business Enterprise certified by the State of California and therefore qualifies for the DVBE Preference.
State of California DVBE Certification Number:
Signature Title Date
(Print Name)
*Company name on file with the State of California DVBE program.
Quotation No. 24-074 Page 18
24-074 Bulk Fuel and Delivery
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar products/services. If you have held a contract for these or similar services with the County of Fresno within the past seven (7) years, list the County as one of your customers. Please list the person most familiar with your contract. Be sure to include all requested information.
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection of this RFQ.
Quotation No. 24-074 Page 19
24-074 Bulk Fuel and Delivery
SPECIFICATIONS
CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light -duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please see Exhibit D and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/ourwork/programs/advanced- clean-fleets.
RENEWABLE DIESEL
The Contractor shall furnish Renewable Diesel Fuel (R -99), in accordance with the State of California specification 9130- 07BS-008 and the California Code of Regulations, Including Title 13 section 2449.
GASOLINE
The Contractor shall furnish Gasoline, Unleaded Regular Grade, in accordance with the State of California specification 9160- 07BS-006 and California Code of Regulations (CCR), Title 13, Division 13, Division 3, Chapter 5, Article 1.
QUANTITES:
Quantities shown on the Quotation Sheet are estimates. Location and delivery sites with gasoline and/or renewable diesel are estimates for the evaluation purpose only. The County will not be obl igated to purchase contractor’s excess if delivery varies from the published estimates.
COST STRUCTURE:
The contract cost will be based on two factors:
1. Region Base Market Cost using Oil Price Information Services (OPIS) data and is also called in this case The Fresno Market Daily Rack Average which will be determined by the daily average OPIS price per product requested.
2. The Differential Cost which shall be four (4) digits past the decimal point (example $ .123), with a plus or minus symbol (example + or - ) which the vendor will indicate on the contract.
All Differential prices quoted shall be exempt from:
Federal Tax, Exclusive of State Sales Tax, Local Sales Tax, California Motor Vehicle Fuel Tax, Leaking Underground Storage Tank Tax, Oil Spill Liability F und Tax.
The formula outlines the contract price to be paid:
Fresno Market Daily Rack Average (OPIS) + Differential = Composite Cost DELIVERY REQUIREMENTS:
Delivery shall be made to specified location as outlines per sectioned titled “Fuel Site Information”.
It is unlawful for any distributor or for any broker to sell any product to a retailer or to any person, when the quantity distributed in any single loc ation is 5,000 or more gallons of gasoline or diesel fuel. Unless the distributor or broker, as the case may be, offers to invoice the purchaser for such gasoline or renewable diesel fuel on the basis of temperature- corrected gallons to 60° F for all such deliveries to the purchaser over a period of twelve (12) consecutive months and settles his accounts with the purchaser on the same.
Delivery equipment shall be compatible with existing County tanks and fittings. These vehicles shall be equipped as requir ed by applicable laws, rules or regulations with all components. Such as connectors and hoses of the proper size, length, etc. necessary to successfully complete delivery. All delivery vehicles and/or trailers must have accurate metering equipment to enabl e County personnel to verify quantities delivered.
Truck and Trailer Deliveries shall be defined as the one delivery composed of a fuel truck and trailer with product of either gasoline or renewable diesel equal to or above the minimum order levels. The County will order “Split” loads equal to a Truck or Trailer order.
Quotation No. 24-074 Page 20
24-074 Bulk Fuel and Delivery
Special delivery at the Courthouse Motor Pool:
This fuel site location is in downtown Fresno and is a remote fill located between the sidewalk and the street.
The fuel truck and trailer will stop and commence filling while parked on the street. Deliveries shall be during off business hours in the evenings or on weekends.
VENDOR RESPONSIBILITIES:
1. The vendor shall perform all deliveries to County locations in a safe and professional manner.
2. Vendor’s equipment shall be in good working order and all personnel or property.
3. Vendor must commit to delivery as requested at the time stated on accepted order through the term of the contract.
4. Vendor must give the County of Fresno access to their office/or personnel contacts during County business hours (7:30AM- 4:30PM Monday through Friday) for the purpose of responding to any emergency or request. This includes telephone numbers, fax numbers, etc.
5. Vendor’s delivery equipment must be compatible to County tanks.
6. The vendor will notify the County of delays or unexpected events that may delay or prevent the fuel from being delivered at the agreed upon date and time.
7. Finally, the vendor will immediately notify the County Contact is a fuel delivery was not deliver ed at the agreed upon date and time.
Quotation No. 24-074 Page 21
24-074 Bulk Fuel and Delivery
QUOTATION SCHEDULE
Please ensure to factor all costs throughout the five-year contract term. Also factor any taxes, fees and costs. The County will not accept price increases during the entire length of the contract. The County will award to the vendor with the lowest annual total for all locations. Bidders must complete the Q uotation Schedule in its entirety.
Bidder Name: __________________________________________ Cost shall be the 10 AM Fresno OPIS Daily RACK Average plus or minus the differential as indicated below (Please include CAR and LCFS fees)
LOCATION PRODUCT
ESTIMATED
QUANTITY
P/ ORDER
ESTIMATED
ANNUAL
QUANTITY
DIFFERENTIAL TOTAL
ANNUAL COST
American Ave Disposal Site
18950 W. American Ave.
Kerman
Red Dye Renewable
(ULS Renewable-R)
6,265 75,180 $
Gasoline 1,212 14,544 $
Auberry Public Works Yd.
33148 Auberry Ave.
Auberry
ULSDR 99 2,800 33,600 $
Gasoline 4,800 57,600 $
Avocado Lake Park ULSDR 99 275 3,300 $
Gasoline 719 8,628 $
Biola Public Works Yd.
12855 W. “G” Street
Biola
ULSDR 99 4,325 51,900 $
Gasoline 3,900 46,800 $
Caruthers Boot Camp
500 E. Elkhorn Ave.
Caruthers
ULSDR 99 500 350 $
Caruthers Public Works Yd.
2544 W. Mountain View Ave.
Caruthers
ULSDR 99 4,325 51,900 $
Gasoline 3,900 46,800 $
Clovis Public Works Yd.
9401 N. Matus
Clovis
ULSDR 99 1,434 17,208 $
Gasoline 6,584 79,008 $
Coalinga Public Works Yd. ULSDR 99 3,650 43,800 $
Gasoline 4,650 55,800 $
ISD – Pontiac
333 W. Pontiac Way.
Clovis
ULSDR 99 4,000 3,600` $
County Plaza Building
2220 Tulare Street
Fresno
ULSDR 1,500 1,500 1,050 $
Quotation No. 24-074 Page 22
24-074 Bulk Fuel and Delivery
Courthouse Motor Pool
1155 “M” Street
Fresno
*Special Requirement:
Night Delivery Only
Gasoline 6,390 76,680 $
Del Rey Public Works Yd.
3633 S. Del Rey Ave.
Del Rey
ULSDR 99 2,500 30,000 $
Gasoline 3,300 39,600 $
Dunlap Public Works Yd. ULSDR 99 1,000 12,000 $
Gasoline 2,000 24,000 $
Firebaugh Public Works Yd. ULSDR 99 4,000 48,000 $
Gasoline 4,300 51,600 $
Fulton Street Health Dept.
1221 Fulton Street
Fresno
ULSDR 99 500 400 $
Hamilton Motor Pool
4551 E. Hamilton Ave.
Fresno
ULSDR $
Gasoline 7,780 93,360 $
Juvenile Justice Campus
3333 American Avenue
Fresno
ULSDR 99 1,363 16,356 $
Gasoline 6,950 83,400 $
Juvenile Justice Campus
Fire Generator
3333 American Avenue
Fresno
*Special Requirement: Has
to be Pumped
ULSDR 99 500 350 $
Kearney Park
6725 W. Kearney Blvd.
Fresno
ULSDR 99 2,550 30,600 $
Gasoline 4,800 57,600 $
Main Jail
1225 “M” Street
Fresno
ULSDR 99 10,000 7,000 $
ANNUAL TOTAL FOR ALL LOCATIONS $
Quotation No. 24-074 Page 23
24-074 Bulk Fuel and Delivery
CHECK LIST
This Checklist is provided to assist the vendors in the preparation of their bid response. Included in this list, are important requirements and is the responsibility of the bidder to submit with the bid package in order to make the bid compliant. Because this checklist is just a guideline, the bidder must read and comply with the bid in its entirety.
Check off each of the following:
1. The Request for Quotation (RFQ) has been signed and completed.
2. Addenda, if any, have been signed and included in the bid package.
3. The completed Reference List as provided with this RFQ.
4. The completed Comply/Not Comply page as provided with this RFQ.
5. The Quotation Schedule as provided with this RFQ has been completed, price reviewed for accuracy and any corrections initialed.
6. The Fleet Compliance Certification (located in Exhibit D.)
7. Indicate all of bidder exceptions to the County’s requirements, conditions and specifications as stated within this RFQ.
8. The Participation page as provided within this RFQ has been signed and included
9. The Local Vendor Bid Preference and Disabled Veteran Business Enterprise Bid Preference section (if applicable) has been signed and included.
10. Bidder to Complete page as provided with this RFQ.
11. Verification of Department of Industrial Relations Contractor Registration.
12. Verification of Contractor’s License and the Department of Consumer Affairs – Contractors’ State License Board.
13. Return checklist with RFQ response.
14. Completed RFQ in pdf format, electronically submitted to the Bid Page on Public Purchase.
Quotation No. 24-074 Page 24
24-074 Bulk Fuel and Delivery
EXHIBITS
A. Fuel Site Information
B. County of Fresno Fuel Order Form
C. Current Vendor Differentials
D. County of Fresno CARB Emission Disclosure Compliance
RFQ 24-074 EXHIBIT A
Fuel Site Informa�on
Loca�on Product Tank Size Type Fi�ngs Split
American Ave. Disposal Site
18950 W. American Ave.
Kerman
Red Dye
Renewable
(ULS
Renewable-R)
9,000 Above/Combo 3” 9/3 Split
Gasoline 3,000 Above/Combo 3”
Auberry Public Works Yd.
33148 Auberry Ave.
Auberry
ULSDR 99 6,000 Above 3” 6/9 Split
Gasoline 9,000 Above 3”
Avocado Lake Park
3625 N. Piedra Road
Fresno
ULSDR 99 500 Above 3” 1000/500 Split
Gasoline 1,000 Above 3”
Biola Public Works Yd.
12855 W. “G” Street
Biola
ULSDR 99 10,000 Above 3” 10/10 Split
Gasoline 10,000 Above 3”
Caruthers Boot Camp
500 E. Elkhorn Ave.
Caruthers
ULSDR 99 10,000 Under OPW Standard No
Caruthers Public Works Yd.
2544 W. Mountain View
Ave.
Caruthers
ULSDR 99 10,000 Under OPW Standard No
Gasoline 10,000 Under OPW Standard No
Clovis Public Works Yard
9401 N. Matus
Clovis
ULSDR 99 10,000 Above/Combo 3” 10/10 Split
Gasoline 10,000
Coalinga Public Works Yard
740 E. Polk Ave.
Coalinga
ULSDR 99 10,000 Above 3” 10/10 Split
Gasoline 10,000
ISD-Pon�ac
333 W. Pon�ac Way
Clovis
ULSDR 99 3,100 Above 3” No
County Plaza Building
2220 Tulare Street
Fresno
ULSDR 99 1,500 Above 2 ½” Cam No
Courthouse Motor Pool
1155 “M” Street
Fresno
*Special Requirement:
Night Delivery Only
Gasoline
10,000 Under OPW Standard
Remote No
RFQ 24-074 EXHIBIT A
Del Rey Public Works Yd.
3633 S. Del Rey Ave.
Del Rey
ULSDR 99 10,000 Above 3” 10/5 Split
Gasoline 5,000 Above 3”
Dunlap Public Works Yard
40315 Dunlap Road
Dunlap
ULSDR 99 3,000 Above 3” 3/5 Split
Gasoline 5,000 Above 3”
Firebaugh Public Work Yd.
38825 W. Nees Ave.
Firebaugh
ULSDR 99 10,000 Above 3” No
Gasoline 10,000 Above 3” No
Fulton Mall Health Dept.
1221 Fulton Mall
Fresno
ULSDR 99 500 Under OPW Standard No
Hamilton Motor Pool
4551 E. Hamilton Ave.
Fresno
ULSDR 99 12,000 Under OPW Standard No
Gasoline 20,000 Under OPW Standard No
Juvenile Jus�ce Campus
3333 American Ave.
Fresno
ULSDR 99 10,000 Above/Combo 3” 10/10 Split
Gasoline 10,000
Juvenile Jus�ce Campus
Fire Generator
3333 American Ave.
Fresno
*Special requirement: Has
to be pumped.
ULSDR 99 500 Above 2 ½” Cam No
Kearney Park
6725 W. Kearney Blvd.
Fresno
ULSDR 99 3,000 Above 3” 3/9 Split
Gasoline 9,000 Above 3”
Main Jail
1225 “M” Street
Fresno
ULSDR 99 10,000 Under OPW Standard No
Reedley Public Works Yard
17627 W. Manning Ave
Reedley
ULSDR 99 10,000 Above 3” 10/10 Split
Gasoline 10,000 Above 3”
Sanger Public Works Yard
9525 E. Olive Ave.
Sanger
ULSDR 99 10,000 Above 3” 10/10 Split
Gasoline 10,000 Above 3”
Satellite Jail
110 ‘M’ Street
Fresno
ULSDR 99 375 Above 2 ½” Pipe No
RFQ 24-074 EXHIBIT A
Shaver Lake Public Works
41687 Dinkey Creek Road
Shave Lake
ULSDR 99 4,000 Under OPW Standard No
Gasoline 8,000 Under OPW Standard No
Sheriff’s Administra�on
Bldg.
2200 Fresno Street
Fresno
ULSDR 99 20,000 Under Standard No
Tranquility Public Works Yd.
25411 W. Silveria Ave.
Tranquility
ULSDR 99 10,000 Under OPW Standard No
Gasoline 10,000 Under OPW Standard No
RFQ 24-074 EXHIBIT B
County of Fresno
Fuel Order Form
Vendor:
Billing Address: Fresno County Fleet Services
4551 E Hamilton Ave
Fresno, CA 93702
Fuel Site:
Fuel Type Gallons Ordering Gallons Delivered* VR Increase** Unleaded
R99 Diesel
R99 Red-Dye Diesel
*As per Load Delivery Ticket/Invoice
**Verified Electronically by Veeder Root
Delivery Date: Time:
County Contact: Brad Jones
(559) 600-7530
Fax: (559) 600-7508
RFQ 24-074 EXHIBIT C
CURRENT VENDOR DIFFERENTIALS
Cost shall be the OPIS Daily RACK Average plus or minus the differential as indicated below.
LOCATION PRODUCT DIFFERENTIAL
American Ave. Disposal Site
18950 W. American Ave.
Kerman
Red Dye
-0.01
Red Dye Renewable
(ULS Renewable-R)
-0.01
Gasoline -0.075
Auberry Public Works Yd.
33148 Auberry Ave.
Auberry
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Avocado Lake Park
3625 N. Piedra Road
Fresno
ULSD
0.15 ULSDR 99 -0.04
Gasoline 0.15
Biola Public Works Yd.
12855 W. “G” Street
Biola
ULSD
0.00 ULSDR 99 -0.04
Gasoline 0.00
Caruthers Boot Camp
500 E. Elkhorn Ave.
Caruthers
ULSD
0.00 ULSDR 99
-0.04
Caruthers Public Works Yd.
2544 W. Mountain View Ave.
Caruthers
ULSD
-0.01
ULSDR 99 -0.04
Gasoline -0.075
Clovis Public Works Yard
9401 N. Matus
Clovis
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Coalinga Public Works Yard
740 E. Polk Ave.
Coalinga
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
ISD-Pontiac
333 W. Pontiac Way
Clovis
ULSD
0.075
ULSDR 99
-0.04
County Plaza Building
2220 Tulare Street
Fresno
ULSD
0.15 LOCATION PRODUCT DIFFERENTIAL
Courthouse Motor Pool
1155 “M” Street
Fresno
*Special Requirement: Night
Delivery Only
Gasoline
-0.075
Del Rey Public Works Yd.
3633 S. Del Rey Ave.
Del Rey
ULSD 0.00
ULSDR 99 -0.04
Gasoline
-0.075
Dunlap Public Works Yard
40315 Dunlap Road
Dunlap
ULSD
0.0275
ULSDR 99 -0.04
Gasoline -0.0375
Firebaugh Public Work Yd.
38825 W. Nees Ave.
Firebaugh
ULSD 0.00
ULSDR 99 -0.04
Gasoline
-0.075
Fulton Mall Health Dept.
1221 Fulton Mall
Fresno
ULSD
0.00 ULSDR 99
-0.04
Hamilton Motor Pool
4551 E. Hamilton Ave.
Fresno
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Juvenile Justice Campus
3333 American Ave.
Fresno
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Juvenile Justice Campus
Fire Generator
3333 American Ave.
Fresno
*Special requirement: Has to be
pumped.
ULSD
0.00 ULSDR 99
-0.04
Kearney Park
6725 W. Kearney Blvd.
Fresno
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Main Jail
1225 “M” Street
Fresno
ULSD
0.00 ULSDR 99 -0.04
LOCATION PRODUCT DIFFERENTIAL
Reedley Public Works Yard
17627 W. Manning Ave
Reedley
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Sanger Public Works Yard
9525 E. Olive Ave.
Sanger
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
Satellite Jail
110 ‘M’ Street
Fresno
ULSD
0.00 ULSDR 99 -0.04
Shaver Lake Public Works
41687 Dinkey Creek Road
Shave Lake
ULSD
0.025
ULSDR 99 -0.04
Gasoline -0.0375
Sheriff’s Administration Bldg.
2200 Fresno Street
Fresno
ULSD
0.00 ULSDR 99 -0.04
Tranquility Public Works Yd.
25411 W. Siliveria Ave.
Tranquility
ULSD
0.00 ULSDR 99 -0.04
Gasoline -0.075
RFQ 24-074 EXHIBIT D
County Attorney Approved Version 04/24/2024
DISCLOSURE & SUBMITTAL REQUIREMENT
VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT.
This Project is subject to the following regulation(s) by the California Air Resources Board . In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of compliance with all equipment and vehicle emission requirements under this Contract and applicable law in its bid.
ADVANCED CLEAN FLEETS.
Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light -duty package delivery vehicles operated in California may be subject to the California Air Resources Board’s (“CARB”) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit CARB ’s Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-w ork/programs/advanced-clean- fleets.
Pursuant to the High Priority and Federal Fleets Regulations of Title 13, CCR Sections 2015 through 2015.6 and the State and Local Government Fleets Regulations of Title 13, CCR Sections 2013 through 2013.4, bidders utilizing subcontractor (s) shall provide a signed certificate of reported compliance for each listed subcontractor in the space provided in the Proposed Subcontractors Form. Both bidders and their subcontractors must be registered as “compliant fleets” at the time of bid submittal. In the event that a bidder or its subcontractor (s) are exempt from these regulations, the bidder must submit a signed statement attesting to such fact, and to the reason(s) why it is not subject to the specific regulation(s).
Failure to certify as a compliant fleet or provide an attestation to an exemption may render the bid non-responsive.
IN-USE OFF-ROAD DIESEL-FUELED FLEETS.
Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB In-Use Off -Road Diesel -Fueled Fleets Regulation webpage at : https://ww2.arb.ca.gov/our- work/programs/use-road-diesel-fueled-fleets-regulation.
Each bidder shall submit with its bid a valid CARB Certificate of Reported Compliance ( . A bidder that utilizes a subcontractor shall submit the DOORS ID number for each listed subcontractor in the space provided in the Proposed Subcontractors F orm. Bidders are responsible for including a valid Certificate of Reported Compliance ( for each identified subcontractor.
Failure to submit valid certificates may render the bid non-responsive.
CALIFORNIA AIR RESOURCES BOARD.
The CARB- implemented amendments to the In-Use Off-Road Diesel- Fueled Fleets Regulations (“Regulation”) are effective January 1, 2024, and applicable to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:
RFQ 24-074 EXHIBIT D
County Attorney Approved Version 04/24/2024
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf
Each bidder is required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of the Bidder’s and all listed subcontractors most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.
The County of Fresno is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
GENERAL COMPLIANCE WITH LAWS.
Each c ontractor will stay fully informed of federal, state and local laws , ordinances, and regulations which in any manner affect persons employed by the contractor, or in any way affect the performance of the services of the contractor. Each contractor will, at all times, observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Each contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement.
Each contractor will be aware of the requirements of the emissions reduction regulations being mandated by the California Air Resources Board (“ CARB”) and will comply with all applicable regulations before commencing the performance of the work , and will maintain compliance throughout the duration of this Agreement.
COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS.
Contractor shall comply with all applicable requirements of the most current version of the California Air Resources Board (“CARB”) regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Contractor shall also ensure that all subcontractors comply with this same Regulation.
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s fleet and subcontractors’ fleet s, including, without limitation, Certificates of Reported Compliance (“CRC”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the County of Fresno.
Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and RFQ 24-074 EXHIBIT D
County Attorney Approved Version 04/24/2024
all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the County of Fresno, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or inter est arising out of any failure or alleged failure to comply with the Regulation.
RFQ 24-074 EXHIBIT D
County Attorney Approved Version 04/24/2024
FLEET COMPLIANCE CERTIFICATION.
Bidder hereby acknowledges that it has reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been at tached hereto.
□ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
□ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency,” as that term is defined in Section 2449(c)(18) of the Regulation. Bidder shall only operate the exempted vehicles in the emergency situation, and records of the exempted vehicles must be maintained pursuant to Section 2449(i)(4).
□ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification.
Name of Bidder:
Signature:
Name:
Title:
Date:
EXHIBIT B
Original Government Contract
DocuSign Envelope ID: DC23ECD1-CFDF-45CC-99E5-1428148BD9E4 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
* The County of Fresno is an Equal Employment Opportunity Employer * County of Fresno
INTERNAL SERVICES DEPARTMENT
Facilities • Fleet • Graphics • Purchasing • Security • Technology
PROCUREMENT AGREEMENT
Agreement Number P-24-403
July 18, 2024
Robert V. Jensen, Inc.
4029 S. Maple
Fresno, CA 93725
The County of Fresno (County) hereby contracts with Robert V. Jensen, Inc. (Contractor) for bulk fuel and delivery in accordance with the text of this agreement, Attachment “A”, County of Fresno Request for Quotation No: 24-074 and the attached contractors response to County of Fresno Request for Quotation No:
24-074 by this reference made a part hereof.
TERM: This Agreement shall become effective September 15, 2024 and shall remain in effect through September 14, 2027.
EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”.
ORDERS: Orders will be placed on an as-needed basis by The County of Fresno Department of Internal Services under this contract.
PRICES: Prices shall be firm for the contract period.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Thirty Million Dollars ($30,000,000.00).
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties.
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor.
PROCUREMENT AGREEMENT NUMBER: P-24-403 Page 2
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INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days.
INVOICE TERMS: Net forty-fiv e (45) days from the receipt of invoice.
TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later . Such records must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement.
INSURANCE: W
ithout limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor’s policy.
B. Automobile Liability: A
utomobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement.
C. Professional Liability: P
rofessional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began PROCUREMENT AGREEMENT NUMBER: P-24-403 Page 3
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under this Agreement; (2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims -made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement.
D. W
orker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits.
Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement.
Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Fleet Services - 4551 E Hamilton Ave Fresno, CA 93702, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self - insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County.
Certificates of Insurance are to include the contract number at the top of the first page.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better.
COMING ON COUNTY PROPERTY TO DO WORK:
Contractor agrees to provide maintain and furnish
proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable PROCUREMENT AGREEMENT NUMBER: P-24-403 Page 4
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provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other r egulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement.
NON
- ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party.
AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties.
INCONSISTENCIES:
In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A", County's Request for Quotation No. 24-074 and the Contractor's Quote in response thereto); (2) Attachment "A"; (3) the County's Request for Quotation No. 24- 074 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 24-074.
GOVERNING LAWS: T his Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno.
ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section.
A. A n “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.
Please acknowledge your acceptance by returning all pages of this Agreement to my office via email.
Please refer any inquiries in this matter to Crystal Nino, Purchasing Analyst, at 559-600-7113 or [email protected].
PROCUREMENT AGREEMENT NUMBER: P-24-403 Page 5
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FOR THE COUNTY OF FRESNO
Manuel Vilanova
Deputy Director - ISD
333 W. Pontiac Way
Clovis, CA 93612
MV:cn
PROCUREMENT AGREEMENT NUMBER: P-24-403 Attachment Page 1 of 2 Robert V. Jensen, Inc.
July 18, 2024
P-24-403 Robert V Jensen, Inc. Agreement.docx
ATTACHMENT "A"
Cost shall be the 10 AM Fresno OPIS Daily RACK Average plus or minus the differential.
LOCATION PRODUCT DIFFERENTIAL
American Ave Disposal Site
18950 W. American Ave. Kerman
Red Dye Renewable
(ULS Renewable-R)
-0.085
Gasoline -0.1575
Auberry Public Works Yd.
33148 Auberry Ave.
Auberry
ULSDR 99 -0.085
Gasoline -0.1575
Avocado Lake Park ULSDR 99 -0.085
Gasoline -0.1575
Biola Public Works Yd.
12855 W. “G” Street
Biola
ULSDR 99 -0.085
Gasoline -0.1575
Caruthers Boot Camp
500 E. Elkhorn Ave.
Caruthers
ULSDR 99 -0.2
Caruthers Public Works Yd.
2544 W. Mountain View Ave.
Caruthers
ULSDR 99 -0.085
Gasoline -0.1575
Clovis Public Works Yd.
9401 N. Matus
Clovis
ULSDR 99 -0.085
Gasoline -0.1575
Coalinga Public Works Yd. ULSDR 99 -0.085
Gasoline -0.1575
ISD – Pontiac
333 W. Pontiac Way.
Clovis
ULSDR 99 -0.085
County Plaza Building
2220 Tulare Street
Fresno
ULSDR 1,500 -0.085
Courthouse Motor Pool
1155 “M” Street
Fresno
*Special Requirement: Night Delivery Only
Gasoline -0.1575
Del Rey Public Works Yd.
3633 S. Del Rey Ave.
Del Rey
ULSDR 99 -0.085
Gasoline -0.1575
PROCUREMENT AGREEMENT NUMBER: P-24-403 Attachment Page 2 of 2 Robert V. Jensen, Inc.
July 18, 2024
P-24-403 Robert V Jensen, Inc. Agreement.docx
LOCATION PRODUCT DIFFERENTIAL
Dunlap Public Works Yd. ULSDR 99 -0.085
Gasoline -0.1575
Firebaugh Public Works Yd. ULSDR 99 -0.085
Gasoline -0.1575
Fulton Street Health Dept.
1221 Fulton Street
ULSDR 99 -0.2
Hamilton Motor Pool
4551 E. Hamilton Ave.
ULSDR -0.085
Gasoline -0.1575
Juvenile Justice Campus
3333 American Avenue
ULSDR 99 -0.085
Gasoline -0.1575
Juvenile Justice Campus
Fire Generator
3333 American Avenue
*Special Requirement: Has to be Pumped
ULSDR 99 -0.085
Kearney Park
6725 W. Kearney Blvd.
ULSDR 99 -0.085
Gasoline -0.1575
Main Jail
1225 “M” Street
ULSDR 99 -0.085
Reedley Public Works Yard
17627 W. Manning Ave.
ULSDR 99 -0.085
Gasoline -0.1575
Sanger Public Works Yard
9525 E. Olive Ave.
ULSDR 99 -0.085
Gasoline -0.1575
Satellite Jail
110 “M” Street
ULSDR 99 -0.085
Shaver Lake Public Works
41687 Dinkey Creek Road
ULSDR 99 -0.085
Gasoline -0.1575
Sheriff’s Administration Bldg.
2200 Fresno Street
ULSDR 99 -0.085
Tranquility Public Works Yd.
25411 W. Silveira Ave.
ULSDR 99 -0.085
Gasoline -0.1575
P-24-403 Robert V Jensen, Inc. Agreement.docx
Contractor’s Response to
County of Fresno
Request for Quotation
No. 24-074
Bidder Name:_____ Robert V. Jensen, Inc ___________________________
LOCATION PRODUCT
ESTIMATED
QUANTITY P/
ORDER
ESTIMATED
ANNUAL
QUANTITY
DIFFERENTIAL TOTAL ANNUAL
COST
American Ave Disposal Site 18950
W. American Ave.
Kerman
Red Dye
Renewable
(ULS
6,265 75,180
-0.085 -$6,390.30
Gasoline 1,212 14,544 -0.1575 -$2,290.68
Auberry Public Works Yd. 33148
Auberry Ave.
Auberry
ULSDR 99 2,800 33,600
-0.085 -$2,856.00
Gasoline 4,800 57,600 -0.1575 -$9,072.00
Avocado Lake Park ULSDR 99 275 3,300 -0.085 -$280.50
Gasoline 719 8,628 -0.1575 -$1,358.91
Biola Public Works Yd. 12855 W. “G”
Street Biola
ULSDR 99 4,325 51,900 -0.085 -$4,411.50
Gasoline 3,900 46,800 -0.1575 -$7,371.00
Caruthers Boot Camp 500 E. Elkhorn
Ave. Caruthers
ULSDR 99 350 4,200 -0.2 -$840.00
Caruthers Public Works Yd. 2544 W.
Mountain View Ave. Caruthers
ULSDR 99 4,325 51,900 -0.085 -$4,411.50
Gasoline 3,900 46,800 -0.1575 -$7,371.00
Clovis Public Works Yd. 9401 N.
Matus
Clovis
ULSDR 99 1,434 17,208
-0.085 -$1,462.68
Gasoline 6,584 79,008 -0.1575 -$12,443.76
Coalinga Public Works Yd. ULSDR 99 3,650 43,800 -0.085 -$3,723.00 Gasoline 4,650 55,800 -0.1575 -$8,788.50
ISD – Pontiac
333 W. Pontiac Way. Clovis
ULSDR 99 3,100 37,200 -0.085 -$3,162.00
County Plaza Building 2220 Tulare
Street Fresno
ULSDR 99 1,050 12,600 -0.085 -$1,071.00
QUOTATION SCHEDULE
24-074 QUOTATION SCHEDULE REVISED FOR ADD 1
Cost shall be the 10 AM Fresno OPIS Daily RACK Average plus or minus the differential as indicated below (Please include CAR and LCFS fees)
Please ensure to factor all costs throughout the five-year contract term. Also factor any taxes, fees and costs. The County will not accept price increases during the entire length of the contract. The County will award to the vendor with the lowest annual total for all locations. Bidders must complete the Quotation Schedule in its entirety.
Courthouse Motor Pool 1155 “M”
Street
Fresno
*Special Requirement: Night
Delivery Only
Gasoline 6,390 76,680
-0.1575 -$12,077.10
Del Rey Public Works Yd. 3633 S.
Del Rey Ave.
Del Rey
ULSDR 99 2,500 30,000
-0.085 -$2,550.00
Gasoline 3,300 39,600 -0.1575 -$6,237.00
Dunlap Public Works Yd. 40315
Dunlap Road Dunlap
ULSDR 99 1,000 12,000 -0.085 -$1,020.00
Gasoline 2,000 24,000 -0.1575 -$3,780.00
Firebaugh Public Works Yd. 38825
W. Nees Ave.
Firebaugh
ULSDR 99 4,000 48,000
-0.085 -$4,080.00
Gasoline 4,300 51,600 -0.1575 -$8,127.00
Fulton Street Health Dept. 1221
Fulton Street Fresno
ULSDR 99 400 4,800 -0.2 -$960.00
Hamilton Motor Pool 4551 E.
Hamilton Ave. Fresno
ULSDR 3,400 40,800 -0.085 -$3,468.00
Gasoline 7,780 93,360 -0.1575 -$14,704.20
Juvenile Justice Campus 3333
American Avenue Fresno
ULSDR 99 1,363 16,356 -0.085 -$1,390.26
Gasoline 6,950 83,400 -0.1575 -$13,135.50
Juvenile Justice Campus Fire
Generator
3333 American Avenue Fresno
*Special Requirement: Has to be
Pumped
ULSDR 99 350 4,200
-0.085 -$357.00
Kearney Park
6725 W. Kearney Blvd. Fresno
ULSDR 99 2,550 30,600 -0.085 -$2,601.00
Gasoline 4,800 57,600 -0.1575 -$9,072.00
Main Jail
1225 “M” Street Fresno
ULSDR 99 8,000 96,000 -0.085 -$8,160.00
Reedley Public Works Yard 17627
W. Manning Ave.
Reedley
ULSDR 99
7,000 84,000 -0.085 -$7,140.00
Gasoline 7,000 84,000 -0.1575 -$13,230.00
Sanger Public Works Yard 9525 E.
Olive Ave.
Sanger
ULSDR 99
2,843 34,116 -0.085 -$2,899.86
Gasoline 5,372 64,464 -0.1575 -$10,153.08
Satellite Jail 110 “M” Street Fresno ULSDR 99 1,667 20,004 -0.085 -$1,700.34 Shaver Lake Public Works 41687
Dinkey Creek Road Shaver Lake
ULSDR 99 1,667 20,004 -0.085 -$1,700.34
Gasoline 5,000 60,000 -0.1575 -$9,450.00
Sheriff’s Administration Bldg. 2200
Fresno Street
Fresno
ULSDR 99
16,000 192,000 -0.085 -$16,320.00
Tranquility Public Works Yd. 25411
W. Silveira Ave.
Tranquility
ULSDR 99
3,259 42,348 -0.085 -$3,599.58
Gasoline 4,743 56,916 -0.1575 -$8,964.27
-$244,180.86ANNUAL TOTAL FOR ALL LOCATIONS
EXHIBIT C
City’s Insurance and Indemnity
Exhibit C
Insurance and Indemnity
INDEMNIFICATION
To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, VENDOR or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract.
VENDOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
If VENDOR should subcontract all or any portion of the work to be performed under this Contract, VENDOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, VENDOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to VENDOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them.
1. PRODUCTS LIABILITY INSURANCE: VENDOR shall maintain, and provide the City of Fresno with verification of, manufacturer's products liability insurance policy in excess of $1,000,000 by providing a certificate of insurance on said Bid Item(s) equipment. Certificates shall be issued by an insurance company meeting the requirements to conduct business in the state of California. City of Fresno is required to be an additional insured with primary and non- contributory coverage in favor of the City on this General Liability Policy.
If the scope of work includes delivery and/or installation, the requirements below apply in addition to the above requirements.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
VENDOR shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event VENDOR purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
VENDOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and VENDOR shall also be responsible for payment of any self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium. VENDOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, VENDOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, VENDOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured all ongoing and completed operations. Additional Insured endorsements under the General Liability policy must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that VENDOR’S insurance shall be primary to and require no contribution from the City. Primary and Non Contributory language under the General Liability policy must be as broad as that contained in ISO Form CG 20 01 04 13. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
(vi) All insurance policies required herein shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.
PROVIDING OF DOCUMENTS
VENDOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, VENDOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of VENDOR shall also be required to provide all documents noted herein.
SUBCONTRACTORS
If VENDOR subcontracts any or all of the services to be performed under this Agreement, VENDOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, VENDOR will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.