City of Merced Card-Lock Fuel Station Service Agreement
1. Parties and lerm
This Fuel Service Agreement ("Agreement") is by and between the City of Merced, a California Charter Law Municipal Corporation, located at 678 West 18" Street, Merced, California 95340 ("City") and Van De Pol Enterprises, Inc., located at 4895 S. Airport Way, Stockton, CA 95206 ("Vendor") and is entered into on this day of _, 2025.
This Agreement will commence on July 1, 2025 and end on June 30, 2027, but may be extended upon the mutual, written agreement between both parties for one-to-three additional periods of one-year, ending on June 30, 2030. This Agreement allows for fueling services to be provided to all City vehicles for diesel r unleaded fuel from vendor CFN Card-Lock Service Station fueling operatio ocated at 1450 G Street, Merced, California. This will include fueling services fo up to approximately 546 vehicles/equipment (320 unleaded and 226 diesel powered vehicles/equipment).
2. Note-This Agreement Applies to Fuel Service Only
This Agreement does not alter any current agreements between the parties for fuel delivery to any City fuel tank sites.
3. Fuel Cost
In accordance with the attached request for proposal response, fuel costs shall be based upon a single firm differential price above or below the rack average Stockton, CA price for Regular and Premium Unleaded and Ultra Low Sultur Diesel fuel as posted in the Oil Price Information Services (OPIS) or OPIS equivalent. See Attachment 1 for detailed pricing.
4. Facility Requirements
The Fuel Servicing facility must be capable of handling large equipment.
Additional facility requirements include:
a) Be located within City limits and as close to the Merced Central Police Station (611 W. 22nd Street) as possible;
b) Be capable of handling large equipment such as Garbage or Fire Trucks with a gross vehicle weight rating (GVWR) of at least 58,000 Ibs; c) Be capable of accepting vehicles with a maximum height clearance of 13'6" high;
1 City of Merced Card-Lock Fuel Station Service Agreement d) Be capable of accepting Truck/Trailer combination units greater than 40 feet in length with a combined GVWR of 100,000 Ibs;
e) At least one clear and one dyed diesel dispenser shall have a hose length of at least 20 feet so equipment (i.e. backhoes) will not be required to off load from trailers for fueling;
f) The facility must be capable of fueling up to 10 vehicles powered by clear diesel, 6 vehicles powered by unleaded (87 Octane), 2 vehicles powered by unleaded (90 Octane) and 2 vehicles powered by dyed diesel at the same time or at any given time of the day.
The facility must be continuously open twenty-four hours per day, seven days per week, and three hundred sixty five days per year. If the fueling facility is offline at any dispenser(s) for any length of time, the City of Merced must be immediately notified by calling Public Works Administration at 209-385-6800, M~t, 7:30 AM to 4:30 PM or for after normal working hours, weekends or holidays, call Police Dispatch at 209-385-6905.
If the fueling facility will be offline and unavailable at all dispensers for greater than 24 hours, the service provider must be capable of vending Diesel and/or Unleaded fuel through a tank truck w/dispenser meter, or other portable fuel vending equipment capable of metering fuel. Portable fuel vending will be performed at the City of Merced, Corporation Yard located at 1776 Grogan Ave.
5. Fuel Transaction, Cards/PIN Numbers
The City shall require vendor to provide a method of identifying both the vehicle and driver separately on each fuel transaction. Vehicles may be identified by individual vehicle fuel card numbers. Driver's identity may be a 4 to 7 digit PIN number (7 digit preferably) or an individual separate card number per employee. The City will agree to pay for all cards initially but requires vendor to make and provide, at no charge, any new or replacement cards thereafter.
The City shall provide vendor with a list of all Vehicle/Equipment Identification numbers by department, initially and each time a vehicle is added or removed from service and shall include a description of the vehicle/equipment type, fuel type and maximum fuel tank capacity.
A list of all employee names by department shall also be provided initially and each time a new employee has the need for a fuel card or leaves city employment and will provide a PIN number for each employee. New PIN 2 City of Merced Card-Lock Fuel Station Service Agreement numbers shall be assigned by the City and provided to vendor administration. Any changes such as, new or replacement cards or PINs must be coordinated with the City's Public Works Administration staff by calling 209-385-6800. Card number changes, new card issuances may be provided to the City by fax, email, compact disc or other electronic memory devices.
6. Secured Information
All employee, vehicle or fuel transaction information is strictly confidential and shall not be given or shared with anyone without prior written approval from the City.
7. Fuel Transaction Data
The City must receive fuel transaction data in electronic media via email or other electronic form, i.e. compact disc, memory stick, etc. and in either ASCII or Excel format at least twice per month. Other formats or interval options will be considered but must be pre-approved by the City.
Fuel Transaction data must include the field information found in Attachment 2.
Payment/Service Period
Invoices shall occur every ten (10) working days and payments will occur monthly.
2. Termination of Services
Termination of this Agreement may occur at any time by either party but must be given a written 30-day notice.
10. Entire Agreement
This Agreement and the exhibits hereto contain the complete, final, entire, and exclusive expression of the agreement between the parties hereto, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement shall be null and void. 3 City of Merced Card-Lock Fuel Station Service Agreement
11. Counterparts
This Agreement may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Agreement is in the physical possession of the party seeking enforcement thereof.
12. Authority to Execute
Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder.
City of Merced Card-Lock Fuel Station Service Agreement IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto.
CITY:
CITY OF MERCED
A California Charter Municipal Corporation
BY:
City Manager
ATTEST:
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
3X: Graig Gorniell 12/24/2024
lity Attorne
ACCOUNT DATA:
BY:
Verified by Finance Officer
5 Docusign Envelope ID: 0B219D3A-CF27-435C-B8D2-59BF47D4B0CB City of Merced Card-Lock Fuel Station Service Agreement VENDOR:
VAN DE POL ENTERPRISES, INC.
-DocuSigned by:
BY: Thomas AVan De Pot
19E3B24341C84E:
(Signature)
Tom Van De Pol
(Typed Name)
Its: Treasurer
(Title)
BY:
(Signature)
(Typed Name)
Its:
(Title)
94-2428381
Taxpayer I.D. No.
ADDRESS: 4895 S. Airport way, Stockton CA
209-944-9115
TELEPHONE:
FACSIMILE:
[email protected]
E-MAIL: _
6 City of Merced Card-Lock Fuel Station Service Agreement Attachment 1
Detailed Pricing
Card Lock Fuel Average Firm Differential
Commodity Annual Pricing Per
Commodity Gallons Gallon
Card-Lock
Unleaded Unleaded 185,000 +$0.10
Card-Lock Clear Clear Diesel
Diesel 5,000 +$0.10
Card-Lock Renewable
R99 or R100 300 +$0.10
Renewable Diesel Diesel
DIESEL Total Tax Fees $0.458524
+ sales tax
GAS Total Tax Fees $0.60024
+ sales tax
City of Merced Card-Lock Fuel Station Service Agreement Attachment 2
City of Merced Fuel File Format
(Excel - xIsx)
Date Equipment# Quantity Type Odometer Unit Cost | Total Cost Driver Location Time 09192024 E-1023R 21.74 UNLEAD 93086 3.82 82.94 Smith, John Merced, CA 04:32 x/sx format
Column 1 Date in Text format mmddyyyy
Column 2 Vehicle # in Number format/0 decimal places/do not use 1000 separator Column 3 Gallons pumped in Number format/2 decimal places/do not use 1000 separator Column 4 Fuel type in Text format
Column 5 Odometer in Number format/2 decimal places/do not use 1000 separator Column 6 Per gallon cost in Number format/2 decimal places/ do not use 1000 separator Column 7 Total cost in Number format/2 decimal places/do not use 1000 separator Column 8 Driver/Card # (City Employee refueling)
Column 9 Location of Fuel Station
Column 10 Time of Purchase
8 CARD-LOCK FUEL PRICING
Name of Company submitting quote for service: Address:
1450 G Street Merced, CA / Corporate Office 4895 S.
Van De Pol Enterprises, Inc.
Airport Way Stockton, CA
Authorized representative: Title or position:
VP of Commercial Products
Curtis Thornhill
Contact phone number: E-mail address:
209-944-9115 [email protected]
Signature of authorized presentative: Date:
12/16/2024
Note: Based upon the annual fuel consumption average for the various fuel types listed below please state your differential price per gallon in the column labeled "FIRM DIFFERENTIAL PRICING PER GALLON" highlighted in yellow.
FIRM DIFFERENTIAL PRICING PER GALLON STOCKTON MUST BE OPIS RACK AVG
INCLUDING CAP-AT-THE-RACK AND LCFS
Average Annual FIRM DIFFERENTIAL
Card Lock Commodity Fuel Commodity Gallons PRICING PER GALLON Card-Lock Unleaded Unleaded 185,000 +$0.10
Card-Lock Clear Diesel Clear Diesel 5,000 +$0.10
Card-Lock Renewable Renewable R99 or 300
+$0.10
Diesel R100 Diesel
Bidders are to list the per gallon cost for the applicable taxes and fees used at invoicing:
Diesel Tax or Fee Cost Per Gallon Unleaded Tax or Fee Cost Per Gallon Federal ULSD L.U.S.T. $0.00 Federal Eth Excise $0.00
$0.00 Federal ULSD
Federal ULSD Excise $0.00
L.U.S.T.
Federal
Federal ULSD Environmental/Oil $0.00
$0.00
Environmental/Oil Spill Fee Spill Fee
AB 32 Fee | $0.00 AB 32 Fee $0.00278
CA ULSD Excise $0.454 CA Eth Excise $0.59600
CAULSD Oil OilSpill$0.004524 CA Eth CLPP Fee $0.00146
CA UST Fee | $0.00 CA UST Fee $0.00
Other applicable
ULSD Total Tax Fees | $0.458524 State or Federal Tax $0.60024 or Fee
| 8.25% Gasoline Sales Tax 8.25%
Clear USDL Sales Tax Rate Rate
DIESEL Total Tax Fees $0.458524 + sales tax GAS Total Tax Fees $0.60024 + sales tax