City of Merced Fuel Delivery Services Agreement
1. Parties and Term
This Fuel Delivery Services 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 delivery services to be provided to all City fuel dispensing sites for diesel or unleaded fuel from vendor fueling delivery services operations located at 1450 G Street, Merced, California. This will include fueling delivery services for six City of Merced fixed fuel dispensing locations as well as various other generator sites, see Attachment 2 for details.
2. Note-This Agreement Applies to Fuel Delivery Services Only This Agreement does not alter any current agreements between the parties for fuel card-lock services.
Fuel Type/Locations - Vendor shall deliver the following fuel commodities for fuel deliveries. See Attachment 2 for Fuel Delivery Locations and estimated annual quantities.
• Clear Diesel
• Renewable Diesel (Off Road Use)
• Regular Unleaded (87 Octane)
Note: Fuel deliveries made to the applicable fuel tank locations listed in Attachment 2 shall be during normal working hours which are Monday through Friday, 8AM to 3PM no holidays or after hour deliveries.
4. 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 Sulfur Diesel fuel as posted in the Oil Price Information Services (OPIS) or OPIS equivalent. See Attachment 1 for detailed pricing.
1 City of Merced Fuel Delivery Services Agreement
eil Invoicing/Reconciliation
All fuel delivery invoices shall be provided to Public Works Administration, located at 1776 Grogan Ave. as soon as possible after each fuel delivery.
Fuel delivery reconciliation shall be required as requested by Public Works Administration to verify fuel delivery quantities are accurate.
Payment
City payments should occur within 30 days upon receipt of invoicing.
7. Termination of Services
Termination of this Agreement may occur at any time by either party but must be given a written 30 day notice.
8. 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.
2. 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.
10. 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.
2 City of Merced Fuel Delivery Services Agreement
11. INSURANCE During the term of the Agreement, Vendors shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. General Liability.
(i) Vendor shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(II) Vendor shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. b. Automobile Insurance.
(i) Contractor shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
c. Qualifications of Insurer.
The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and, (ii) An insurance carrier with a current A.M. Best Rating of A:VII or better (except for workers' compensation provided through the California State Compensation Fund).
d. Certificate of Insurance.
Vendor shall complete and file with the City prior to engaging in any operation or activity set forth in the Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation— including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Vendor's insurance policies are not current.
3 City of Merced Fuel Delivery Services 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:
Bx: Graig Gorswell 12/24/2024
City Attorner
ACCOUNT DATA:
BY:
Verified by Finance Officer
4 Docusign Enveiope ID: BD0007B8-E88B-4394-AA83-03BD6CDBE2D3 City of Merced Fuel Delivery Services Agreement
VENDOR:
VAN DE POL ENTERPRISES, INC.
DocuSigned by:
Thomas RVan DePol
BY: -49E3B24341C84E2
(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:
5 City of Merced Fuel Delivery Services Agreement
Attachment 1
Detailed Pricing
Firm
Fuel Tank Locations Fuel Tank Size Fuel Type Approximate Differential Annual Gallons Pricing Per
Gallon
Public Works 3-12,000 gallon USTs
Corp Yard (11630 gal @100% full) Clear Diesel 230,000 -$0.10 1776 Grogan Ave
Fire Station 51 1- Split tank Convault Clear Diesel 12,000 +$0.15 99 E. 16th Street (1500 & 500 gal) Unleaded (87 Octane) 5,000 +$0.15 Fire Station 53 1- 500 gal Convault Clear Diesel 4,500 +$0.15 800 Loughborough Dr
WWTP Renewable Diesel
10260 Gove Rd. 1-5000 gal Convault Rd99 or Rd100 12,000 +$0.15 Fire Station 55 1- 500 gal Convault Clear Diesel 3,000
3520 N. Parsons Ave +$0.15
Fire Station 52
1400 Falcon Way 1- 500 gal Convault Clear Diesel 2,500 +$0.15 Total Clear Diesel 252,000 DIESEL Total $0.460559 +
Tax Fees 8.25% sales tax
Total Unleaded GAS Total Tax $0.602168 +
5,000 Fees 8.25% sales tax
City of Merced Fuel Delivery Services Agreement
Attachment 2
Fuel Delivery Locations
Fuel Tank Locations Fuel Tank Size Fuel Type
Public Works Corp Yard 3- 12,000 gallon USTs
1776 Grogan Avenue Clear Diesel
(11630 gal @100% full)
Fire Station 51 1- Split tank Convault Clear Diesel
99 E. 16th Street (1500 & 500 gal) Unleaded (87 Octane) Fire Station 53 Clear Diesel
800 Loughborough Dr 1- 500 gal Convault
1- 2000 gal Convalult Unleaded (87 Octane)
WWTP
10260 Gove Rd. 1- 5000 gal Convault Renewable Diesel
Fire Station 55
3520 N. Parsons Ave 1- 500 gal Convault Clear Diesel
Fire Station 52
1400 Falcon Way 1- 500 gal Convault Clear Diesel
Various City Generator 2000 gal Convaults or other
Locations Renewable Diesel
smaller day tanks
FUEL DELIVERY PRICING
Name of Company submitting quote for service: Address:
Van De Pol Enterprises, Inc 1450 G Street Merced, CA / Corporate Office 4895 S.
Airport Way Stockton, CA
Authorized representative: Title or Position:
Curtis Thornhill VP of Commercial Products
Contact phone number: E-mail Address:
209-944-9115 [email protected]
Signature of authorized représentative: Date:
12/16/2024
Note: Based upon the annual fuel consumption average for the various fuel types/locations listed below please state your bid cost per gallon for deliveries made for each fuel tank listed in the column labeled
FIRM DIFFERENTIAL PRICING PER GALLON STOCKTON MUST BE OPIS RACK AVG INCLUDING CAP-AT-THE-RACK AND LCFS.
Approximate | FIRM DIFFERENTIAL
Fuel Tank Locations Fuel Tank Size Fuel Type Annual PRICING PER Gallons GALLON
Public Works Corp -$0.10
Yard, 1776 Grogan 3- 12,000 gallon USTs
Clear Diesel 230,000
Ave. (11630 gal @100% full)
Fire Station 51, 99 E. 1- Split tank Convault Clear Diesel 12,000 +$0.15 16th Street (1500 & 500 gal) Unleaded (87 Octane 5,000
+$0.15
Fire Station 53, 800 1- 500 gal Convault Clear Diesel 4,500 +$0.15 Loughborough Dr
WWTP 10260, Gove Renewable
Rd. 1-5000 gal Convault Diesel Rd99 12,000 +$0.15
or Rd100
Fire Station 55, 3520 +$0.15
N. Parsons Ave 1-500 gal Convault Clear Diesel 3,000
Fire Station 52, 1400
Falcon Way 1- 500 gal Convault Clear Diesel 2,500 +$0.15 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
Federal ULSD Excise $0.00 Federal ULSD L.U.S.T. $0.00
Federal ULSD Federal Environmental/Oil
Environmental/Oil Spill Fee $0.002035 Spill Fee $0.001928 AB 32 Fee $0.00 AB 32 Fee $0.00278
CA ULSD Excise $0.454 CA Eth Excise $0.59600
CA ULSD Oil Spill $0.004524 CA Eth CLPP Fee $0.00146
CA UST Fee $0.00 CA UST Fee $0.00
ULSD Total Tax Fees 8.25% Gasoline Sales Tax Rate 8.25% Clear Diesel Sales Tax Rate $0.460559 + 8.25% sales tax GAS Total Tax Fees $0.602168 + 8.25% sales tax