Agenda packet — Finance Committee, February 24, 2025 (part 2 of 2)

52022 Volvo Wheel
Loader with Claw
PW.Green
Waste 2020 4,819 $102,963
52023 Volvo Wheel
Loader with Claw
PW.Green
Waste 2020 4,235 $80,622
These loaders are utilized for by the Public Works Department - Green Waste and Street Sweeping for clearing the curb and gutters from debris for storm water and flooding impacts.

These types of loaders should have an expected useful life of seven (7) to ten (10) years. The vehicles only had a one-year warranty period and over the last few years, these loaders have had continuous failure issues which includes failed head gaskets, blown engines, air conditioning failures, hydraulic system failures and significant downtime of service usage. City staff are currently working with our City Attorney’s office to evaluate any course of action related to this purchase. The original purchase price for all four (4) Loaders was $372,569.88.

DISCUSSION:

The City Manager authorized the Purchasing Manager on October 16, 2024, and November 19, 2024, to solicit the procurement for four (4) Compact Front (Wheel) Loaders for the Solid Waste Division. In Spring 2020, Sourcewell issued Request for Proposal (RFP) #060920 for Class 4-8 Chassis with Related Equipment, Accessories, and Services. The RFP was advertised through the State Media Company, Utah Media Group, USA Today, South Carolina’s The State, Biddingo Merx, The New York State Contract Reporter, PublicPurchase.com, Oregon’s Daily Journal of Commerce and through the Sourcewell public website.

On June 9, 2020, the bid opening was conducted electronically through the Sourcewell procurement portal. Twenty-five (25) bids were received, and based on the highest scored proposal, four (4) proposals were awarded under Sourcewell Contract #062320-CAT which includes the Compact Front (Wheel) Loader. Based on the highest scored proposal, City staff recommends awarding to Holt of CA, Modesto, CA for the purchase of four (4) Compact Front (Wheel) Loaders in the amount not to exceed $591,340.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-

3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. By utilizing Sourcewell and the public agencies bidding process, the City is complying with the requirements defined under this code for the four (4) Compact Front (Wheel) Loaders.

FISCAL IMPACT:

Sufficient funds for the four (4) Compact Front (Wheel) Loaders are budgeted in Fiscal Year 24- 25 in the Fleet Replacement Fund. The Fleet Internal Service Fund will collect for the replacement of the loaders. This purchase is a rent to own purchase for three (3) of the four (4) Compact Front (Wheel) Loaders through Holt of California, in addition, to the Sourcewell pricing discounts. City staff have rented these loaders from December 2024 through March 2025 for a cumulative rental cost of $43,800. Holt of CA has agreed to apply 80% of the rental fees as a reduction to the purchase price of these Loaders which amounts to $35,040 for a revised purchase price of #3..
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Finance Committee, February 24, 2025
Purchase of Compact Front (Wheel) Loaders

Page 3 of 3 ends

$591,340.

Below is a summary of the overall pricing for the four (4) Compact Front (Wheel) Loaders.

Type of Loader Original Price Rental Fees Revised Price CWL Compact Wheel Loader (70-89 HP) Stock #M24686 1 $ 159,757 $ (11,680) $ 148,077 CWL Compact Wheel Loader (70-89 HP) Stock #M25083 1 $ 157,488 $ (11,680) $ 145,808 CWL Compact Wheel Loader (70-89 HP) Stock #R62027 1 $ 157,488 $ (11,680) $ 145,808 NEW Compact Wheel Loader (Model 908) Stock 1 $ 151,647 $ - $ 151,647 Total $ 626,380 $ (35,040) $ 591,340
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Competitive Bidding Process from Sourcewell to purchase four (4) Compact Front (Wheel) Loader with Caterpillar Inc. under the authorized dealer, Holt of California, Modesto, CA, for an original purchase price in the amount of $626,380 including a price reduction of $35,040 due to rental fees for a revised purchase price in the amount not to exceed $591,340; and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Quote – Holt of CA Loaders

2. Sourcewell RFP Scoring Abstract
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Quote 161335-02

Page 1 of 2 ends

Oct 31, 2024

CITY OF MODESTO

ATTN ACCOUNTS PAYABLE
PO BOX 642
MODESTO CA 95353,
Account # 001125
Attention: LARRY DEVEREAUX
New Caterpillar Model: 908 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: R62027 SERIAL NUMBER: 0MZ801053 YEAR: 2024 SMU: 2

ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 572-7978 908 14A CWL AM-N/AM-S 580-0522 KEYPAD 8, RIM PULL/CREEP CTL 573-3913 LIGHTS, ROAD, FN, HAL, RH DIP 572-7989 SEAT, STANDARD, MECH, FABRIC 581-4771 FAN, DEMAND, STD, PRECLEANER 594-7065 SEAT BELT, 3'' 607-1279 ENGINE, C2.8, STAGE V 587-6908 AIR CON, AUTO TEMP CONTROL 569-2570 FILTER, FUEL, MANUAL 600-3116 DOOR STOP, CAB
597-1180 TRANS 25 MPH DIFF LOCK 636-6174 PRODUCT LINK, CELLULAR PL243 598-2562 HYD, 3V, STD FLOW, STD LIFT 462-2556 TIRES, 400/70 R20, MX, BIBLOAD 577-6117 COUPLER, SSL 579-9894 FENDERS, STANDARD
607-6811 AUX, STD FLOW, 3 VALVE 580-0511 HITCH, REAR RETRIEVAL, STD 577-6048 RIDE CONTROL, STD LIFT 580-7652 LIGHTS, CAB, STD, 4X HAL 573-3916 KICKOUT, RTD, ROTARY SENSOR 580-0537 ALARM, BACK UP 577-7152 CAB, STD, FIXED DOOR GLASS 580-0539 HARNESS, WIRING, WT, SSL 580-0524 KEY START, PASSCODE SECURITY 623-9432 STANDARD RADIO (12V) 577-7161 MIRROR, EXT, STD ENGINE S/N: J2812684
602-2788 MIRROR INTERNAL, REAR VIEW

WARRANTY INFORMATION
Standard Warranty: 12 Months or Unlimited hours
Extended Warranty: 60 Months or 3000 Hours Powertrain + Hydraulics + Tech CSA Dry Filters Parts Kit - 24 Months or 1000 Hours
RPO START Sell Price $144,650.07
Sales Tax (8.875%) $12,837.69
After Tax Balance $157,487.76

PAYMENT TERMS

MONTHLY RENTAL RATE MINIMUM TERM MAXIMUM TERM OVERTIME RATE PAYMENT TERMS $3,650.00 6 12 Net Payment on Receipt
Rental Purchase Option Terms
6 MONTH RPO 80% OF PAID RENTALS TO APPLY MONTHLY NET RATE OF $3,650.00 TO HOLT OF CALIFORNIA ALL NON-WARRANTABLE REPAIRS WILL BE ADDED TO FINAL SALE PRICE OF UNIT. #3..
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Quote 161335-02

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STANDARD EQUIPMENT
POWERTRAIN - - Emissions compliant, two options - - U.S EPA Tier 4 Final and EU Stage V* - - U.S. EPA Tier 3 and EU Stage IIIA** - - C2.8 DIT engine (Turbocharger) - - Diesel particulate filter (DPF)* - (Fit for Life) or exhaust muffler** - - Fuel, diesel, ultra low sulphur, - @ < 15 ppm (stage V)* - - Fuel, diesel, standard sulphur, - @ < 500 ppm (stage IIIA)** - - Hydrostatic transmission, 2 speed, - with inching function, shift on the go - - Powertrain mode, hystat - - Air cleaner, two stage filter, with in - cab audio/visual indicator on display - - Axles, heavy duty, frame mounted - with outboard planetary reduction - - Closed circuit breather - - Coolant, extended life, -36C (-33F) - - Drive shaft, maintenance free, - sealed for life, universal joints - - Engine, auto idle shutdown, - ultra low idle, hibernation mode - - Engine oil, ECO drain tap and hose - - Fuel pump, priming (manual) with - water separator & drain port HYDRAULICS - - Caterpillar HYDO Adv. 10 hydraulic oil - - Coupler/pin on attachment ready - - Demand cooling fan, hyd. driven - - Dead engine lower, lift valve, manual - - EH fully proportional controls - - Implement lockout switch, in cab - - Hystat pump, infinitely variable, - - Implement valve, anti drift - and pressure compensated - - Joystick, single auxiliary roller - - Lift and tilt control - - Loader arm float function - - Motor, single drive with dedicated - implement and steering pumps - - Oil Sampling SOS ports, - ELECTRICAL - - Alternator, 100 amp sealed - - Battery, heavy duty, 12V, 90Ah&950CCA - - Battery disconnect switch - - Cab mounted fuse panel - - Lights, rear stop and turn, LED - - Lights, roading, front halogen - - Service port, electronic diagnostic,ET - - Product link ( PL243 )
OPERATOR ENVIRONMENT - - ROPS/FOPS certified canopy/cab - - 12V power outlets, interior/exterior - - Pedals, brake/inching, accelerator - - Lever, parking brake - - Cup holders (2) - - CB radio clip, phone holder - - Door release, internal (left/right) - - Hook, large, coat and hard hat - - Floormat, easy clean, raised pedals - - Mirrors, 2 external, 1 internal - - Steering wheel, spinner knob, horn - - Seat belt, orange, 51mm (2 in) - - Storage, cab (trays x3, seat pocket) - - Steering column, tilt adjusted - - Column mounted multi function - control: lights, roading, wipers, - self cancelling turn signals - - Quick coupler switch, in cab - - Display, analog and digital - - Gauges (2), hyd oil, engine coolant - - Digital with soft touch buttons, - fuel level, speed range, speedometer, - service hour meter, service/ maint info, - hyd/powertrain perf and aggr settings, - security passcode (multiple languages) - - Joystick, seat mounted, multifunction - - Forward/neutral/reverse, aux roller, - speed range, cont flow, diff lock, horn - - Right Arm rest, padded, multi height - - Seat, manual height adjust/suspension, - (cab) fabric, adjustable left arm rest - (canopy) vinyl, no left arm rest - - Cab - - Doors, (2), fixed glass - - Wipers , front/rear, full coverage - - Windshield, front single piece - - Window, rear heated - - Radio ready, speakers and wiring - - Air vents, 4 screen, 7 directional - - Heating, mechanical control unit - - Sun Visor, solid, front full width - - Interior light (incandescent)
OTHER STANDARD EQUIPMENT - - Cat optimized Z-bar loader linkage - - Fenders, front and rear - - Ground level daily service points - - Loader arm safety brace - - Lockable engine enclosure/side access - fuel filler cap, nose cone, HVAC filters - - Machine lifting/tie down points - - Paint, E-Coat primer, powder top coat - - Recovery hitch with pin - This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.

Accepted by DS_CustPrintName Date, ds-dt1
__________________________________ ___________________
(Please Print)
Signature CustomerSign
__________________________________________________

Sincerely,
Jason Hjelmstad
Territory Manager
Holt of California
[email protected]
Cell 209-321-2831
#3..
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Quote 161316-02

Page 1 of 2 ends

Oct 31, 2024

CITY OF MODESTO

STOCK NUMBER: M24686 SERIAL NUMBER: 0MZ801054 YEAR: 2024 SMU: 2

ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 572-7978 908 14A CWL AM-N/AM-S 580-0511 HITCH, REAR RETRIEVAL, STD 573-3910 LIGHTS, ROAD, FN, LED, RH DIP 580-0532 LIGHTS, CAB, STD, 4X LED 607-1279 ENGINE, C2.8, STAGE V 580-0537 ALARM, BACK UP
598-2562 HYD, 3V, STD FLOW, STD LIFT 580-0539 HARNESS, WIRING, WT, SSL 577-6117 COUPLER, SSL 581-4771 FAN, DEMAND, STD, PRECLEANER 607-6811 AUX, STD FLOW, 3 VALVE 580-6298 WEATHER, STD, FLUIDS 577-6051 RIDE CONTROL, STD LIFT 569-2571 FILTER, FUEL, ELECTRIC 577-7161 MIRROR, EXT, STD 597-1177 TRANS 25 MPH STD
602-2788 MIRROR INTERNAL, REAR VIEW 573-3915 KICKOUT, RTD, NONE 573-4006 SEAT, DELUXE PLUS, AIR, HEAT 577-7152 CAB, STD, FIXED DOOR GLASS 594-7065 SEAT BELT, 3'' 616-3507 PUSH START, PASSCODE SECURITY 587-6908 AIR CON, AUTO TEMP CONTROL 580-0522 KEYPAD 8, RIM PULL/CREEP CTL 600-3116 DOOR STOP, CAB 636-6174 PRODUCT LINK, CELLULAR PL243 462-2556 TIRES, 400/70 R20, MX, BIBLOAD 623-9432 STANDARD RADIO (12V) 579-9894 FENDERS, STANDARD 574-3468 ENG S/N J2812677

WARRANTY INFORMATION
Standard Warranty: 12 months / unlimited hours
Extended Warranty: 908-60 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR
RPO START Sell Price $146,733.86
Sales Tax (8.875%) $13,022.63
After Tax Balance $159,756.49

PAYMENT TERMS

Page 2 of 2 ends

STANDARD EQUIPMENT
POWERTRAIN -- Emissions compliant, two options -- U.S EPA Tier 4 Final and EU Stage V* -- U.S. EPA Tier 3 and EU Stage IIIA** -- C2.8 DIT engine (Turbocharger) -- Diesel particulate filter (DPF)* -(Fit for Life) or exhaust muffler** -- Fuel, diesel, ultra low sulphur, -@ < 15 ppm (stage V)* -- Fuel, diesel, standard sulphur, -@ < 500 ppm (stage IIIA)** -- Hydrostatic transmission, 2 speed, -with inching function, shift on the go -- Powertrain mode, hystat -- Air cleaner, two stage filter, with in -cab audio/visual indicator on display -- Axles, heavy duty, frame mounted -with outboard planetary reduction -- Closed circuit breather -- Coolant, extended life, -36C (-33F) -- Drive shaft, maintenance free, -sealed for life, universal joints -- Engine, auto idle shutdown, -ultra low idle, hibernation mode -- Engine oil, ECO drain tap and hose -- Fuel pump, priming (manual) with -water separator & drain port HYDRAULICS -- Caterpillar HYDO Adv. 10 hydraulic oil -- Coupler/pin on attachment ready -- Demand cooling fan, hyd. driven -- Dead engine lower, lift valve, manual -- EH fully proportional controls -- Implement lockout switch, in cab -- Hystat pump, infinitely variable, -- Implement valve, anti drift -and pressure compensated -- Joystick, single auxiliary roller -- Lift and tilt control -- Loader arm float function -- Motor, single drive with dedicated -implement and steering pumps -- Oil Sampling SOS ports, - ELECTRICAL -- Alternator, 100 amp sealed -- Battery, heavy duty, 12V, 90Ah&950CCA -- Battery disconnect switch -- Cab mounted fuse panel -- Lights, rear stop and turn, LED -- Lights, roading, front halogen -- Service port, electronic diagnostic,ET -- Product link ( PL243 )
OPERATOR ENVIRONMENT -- ROPS/FOPS certified canopy/cab -- 12V power outlets, interior/exterior -- Pedals, brake/inching, accelerator -- Lever, parking brake -- Cup holders (2) -- CB radio clip, phone holder -- Door release, internal (left/right) -- Hook, large, coat and hard hat -- Floormat, easy clean, raised pedals -- Mirrors, 2 external, 1 internal -- Steering wheel, spinner knob, horn -- Seat belt, orange, 51mm (2 in) -- Storage, cab (trays x3, seat pocket) -- Steering column, tilt adjusted -- Column mounted multi function -control: lights, roading, wipers, -self cancelling turn signals -- Quick coupler switch, in cab -- Display, analog and digital -- Gauges (2), hyd oil, engine coolant -- Digital with soft touch buttons, -fuel level, speed range, speedometer, -service hour meter, service/ maint info, -hyd/powertrain perf and aggr settings, -security passcode (multiple languages) -- Joystick, seat mounted, multifunction -- Forward/neutral/reverse, aux roller, -speed range, cont flow, diff lock, horn -- Right Arm rest, padded, multi height -- Seat, manual height adjust/suspension, -(cab) fabric, adjustable left arm rest -(canopy) vinyl, no left arm rest -- Cab -- Doors, (2), fixed glass -- Wipers , front/rear, full coverage -- Windshield, front single piece -- Window, rear heated -- Radio ready, speakers and wiring -- Air vents, 4 screen, 7 directional -- Heating, mechanical control unit -- Sun Visor, solid, front full width -- Interior light (incandescent) OTHER STANDARD EQUIPMENT -- Cat optimized Z-bar loader linkage -- Fenders, front and rear -- Ground level daily service points -- Loader arm safety brace -- Lockable engine enclosure/side access -fuel filler cap, nose cone, HVAC filters -- Machine lifting/tie down points -- Paint, E-Coat primer, powder top coat -- Recovery hitch with pin - This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory..

Accepted by DS_CustPrintName Date, ds-dt1
__________________________________ ___________________
(Please Print)
Signature CustomerSign
__________________________________________________

Sincerely,
Jason Hjelmstad
Territory Manager
Holt of California
[email protected]
Cell 209-321-2831
#3..
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Quote 161334-02

Page 1 of 2 ends

Oct 31, 2024

CITY OF MODESTO

STOCK NUMBER: M25083 SERIAL NUMBER: 0MZ801219 YEAR: 2024 SMU: 2

ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 572-7978 908 14A CWL AM-N/AM-S 580-0522 KEYPAD 8, RIM PULL/CREEP CTL 573-3913 LIGHTS, ROAD, FN, HAL, RH DIP 572-7989 SEAT, STANDARD, MECH, FABRIC 581-4771 FAN, DEMAND, STD, PRECLEANER 594-7065 SEAT BELT, 3'' 607-1279 ENGINE, C2.8, STAGE V 587-6908 AIR CON, AUTO TEMP CONTROL 569-2570 FILTER, FUEL, MANUAL 600-3116 DOOR STOP, CAB
597-1180 TRANS 25 MPH DIFF LOCK 462-2556 TIRES, 400/70 R20, MX, BIBLOAD 598-2562 HYD, 3V, STD FLOW, STD LIFT 579-9894 FENDERS, STANDARD 577-6117 COUPLER, SSL 580-0511 HITCH, REAR RETRIEVAL, STD 607-6811 AUX, STD FLOW, 3 VALVE 580-7652 LIGHTS, CAB, STD, 4X HAL 577-6048 RIDE CONTROL, STD LIFT 580-0537 ALARM, BACK UP 573-3916 KICKOUT, RTD, ROTARY SENSOR 580-0539 HARNESS, WIRING, WT, SSL 577-7152 CAB, STD, FIXED DOOR GLASS 623-9432 STANDARD RADIO (12V) 580-0524 KEY START, PASSCODE SECURITY 636-6174 PRODUCT LINK, CELLULAR PL243 577-7161 MIRROR, EXT, STD ENGINE S/N: J2814758
602-2788 MIRROR INTERNAL, REAR VIEW

PAYMENT TERMS

Page 2 of 2 ends

Accepted by DS_CustPrintName Date, ds-dt1
__________________________________ ___________________
(Please Print)
Signature CustomerSign
__________________________________________________

Sincerely,
Jason Hjelmstad
Territory Manager
Holt of California
[email protected]
Cell 209-321-2831
#3..
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Quote 162788-01

Page 1 of 2 ends

Jan 03, 2025

CITY OF MODESTO

ATTN ACCOUNTS PAYABLE
PO BOX 642
MODESTO, California 95353
Account # 001125
Attention: PATRICK CROWLEY
New Caterpillar Model: 908 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:

STOCK NUMBER: Order SERIAL NUMBER: TBD YEAR: SMU:

ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 617-5912 908 14A CWL AM-N DCA1 580-0537 ALARM, BACK UP
569-2571 FILTER, FUEL, ELECTRIC 580-0539 HARNESS, WIRING, WT, SSL 572-7978 908 14A CWL AM-N/AM-S 580-0597 STORAGE, BOX WITH LOCK 573-3910 LIGHTS, ROAD, FN, LED, RH DIP 580-6299 WEATHER, COLD START, 120V 573-3916 KICKOUT, RTD, ROTARY SENSOR 581-4770 FAN, DEMAND, STD 573-4006 SEAT, DELUXE PLUS, AIR, HEAT 587-6908 AIR CON, AUTO TEMP CONTROL 577-6051 RIDE CONTROL, STD LIFT 594-7065 SEAT BELT, 3'' 577-6117 COUPLER, SSL 596-4178 DOOR SWITCH + 2X USB POWER 577-6969 HYDRAULIC OIL, STANDARD 597-1180 TRANS 25 MPH DIFF LOCK 577-7154 CAB, DLX, 2 SLIDING WINDOWS 598-2562 HYD, 3V, STD FLOW, STD LIFT 577-7161 MIRROR, EXT, STD 600-3116 DOOR STOP, CAB
579-9894 FENDERS, STANDARD, R20 602-2788 MIRROR INTERNAL, REAR VIEW 580-0511 HITCH, REAR RETRIEVAL, STD 607-1279 ENGINE, C2.8, STAGE V 580-0522 KEYPAD 8, RIM PULL/CREEP CTL 607-6811 AUX, STD FLOW, 3 VALVE 580-0524 KEY START, PASSCODE SECURITY 462-2556 TIRES, 400/70 R20, MX, BIBLOAD 580-0532 LIGHTS, CAB, STD, 4X LED

WARRANTY INFORMATION
Standard Warranty: 12 months / unlimited hours
Extended Warranty: 908-60 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR
List Sell Price $178,930.00
Source well Discount off list 23% $41,153.90
Machine Price After Source well Discount $$137,776.10
Delivery, EIN Decals, Freight, Fuel and Machine Prep $6,953.85 Additional Holt Discounts -$5,444.82
Net Balance Due Included
Net Balance Due $139,285.13
Sales Tax (8.875%) $12,361.56
CVA Included
After Tax Balance $151,646.69
#3..
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Quote 162788-01

Page 2 of 2 ends

F.O.B/TERMS: EMD - STOCKTON

STANDARD EQUIPMENT
POWERTRAIN -- Emissions compliant, two options -- U.S EPA Tier 4 Final and EU Stage V* -- U.S. EPA Tier 3 and EU Stage IIIA** -- C2.8 DIT engine (Turbocharger) -- Diesel particulate filter (DPF)* -(Fit for Life) or exhaust muffler** -- Fuel, diesel, ultra low sulphur, -@ < 15 ppm (stage V)* -- Fuel, diesel, standard sulphur, -@ < 500 ppm (stage IIIA)** -- Hydrostatic transmission, 2 speed, -with inching function, shift on the go -- Powertrain mode, hystat -- Air cleaner, two stage filter, with in -cab audio/visual indicator on display -- Axles, heavy duty, frame mounted -with outboard planetary reduction -- Closed circuit breather -- Coolant, extended life, -36C (-33F) -- Drive shaft, maintenance free, -sealed for life, universal joints -- Engine, auto idle shutdown, -ultra low idle, hibernation mode -- Engine oil, ECO drain tap and hose -- Fuel pump, priming (manual) with -water separator & drain port HYDRAULICS -- Caterpillar HYDO Adv. 10 hydraulic oil -- Coupler/pin on attachment ready -- Demand cooling fan, hyd. driven -- Dead engine lower, lift valve, manual -- EH fully proportional controls -- Implement lockout switch, in cab -- Hystat pump, infinitely variable, -- Implement valve, anti drift -and pressure compensated -- Joystick, single auxiliary roller -- Lift and tilt control -- Loader arm float function -- Motor, single drive with dedicated -implement and steering pumps -- Oil Sampling SOS ports, - ELECTRICAL -- Alternator, 100 amp sealed -- Battery, heavy duty, 12V, 90Ah&950CCA -- Battery disconnect switch -- Cab mounted fuse panel -- Lights, rear stop and turn, LED -- Lights, roading, front halogen -- Service port, electronic diagnostic,ET -- Product link ( PL243 )
OPERATOR ENVIRONMENT -- ROPS/FOPS certified canopy/cab -- 12V power outlets, interior/exterior -- Pedals, brake/inching, accelerator -- Lever, parking brake -- Cup holders (2) -- CB radio clip, phone holder -- Door release, internal (left/right) -- Hook, large, coat and hard hat -- Floormat, easy clean, raised pedals -- Mirrors, 2 external, 1 internal -- Steering wheel, spinner knob, horn -- Seat belt, orange, 51mm (2 in) -- Storage, cab (trays x3, seat pocket) -- Steering column, tilt adjusted -- Column mounted multi function -control: lights, roading, wipers, -self cancelling turn signals -- Quick coupler switch, in cab -- Display, analog and digital -- Gauges (2), hyd oil, engine coolant -- Digital with soft touch buttons, -fuel level, speed range, speedometer, -service hour meter, service/ maint info, -hyd/powertrain perf and aggr settings, -security passcode (multiple languages) -- Joystick, seat mounted, multifunction -- Forward/neutral/reverse, aux roller, -speed range, cont flow, diff lock, horn -- Right Arm rest, padded, multi height -- Seat, manual height adjust/suspension, -(cab) fabric, adjustable left arm rest -(canopy) vinyl, no left arm rest -- Cab -- Doors, (2), fixed glass -- Wipers , front/rear, full coverage -- Windshield, front single piece -- Window, rear heated -- Radio ready, speakers and wiring -- Air vents, 4 screen, 7 directional -- Heating, mechanical control unit -- Sun Visor, solid, front full width -- Interior light (incandescent) OTHER STANDARD EQUIPMENT -- Cat optimized Z-bar loader linkage -- Fenders, front and rear -- Ground level daily service points -- Loader arm safety brace -- Lockable engine enclosure/side access -fuel filler cap, nose cone, HVAC filters -- Machine lifting/tie down points -- Paint, E-Coat primer, powder top coat -- Recovery hitch with pin - This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.

THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.

Accepted by DS_CustPrintName Date, ds-dt1
__________________________________ ___________________
(Please Print)
Signature CustomerSign
__________________________________________________

Sincerely,
Dane Young
Territory Manager
Holt of California
[email protected]
209-648-8952
#3..
- 215 -
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 24, 2025
Date: February 1, 2025
TO: Finance Committee
Rosa Escuita-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works Department
SUBJECT: Purchase of Renewable Diesel and Bulk Fuels
CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:

Consider the Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, California, for a total amount not to exceed $18,750,000 over five years and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan Area of Focus: “Governance and Service Delivery”; build community trust in City government through responsive, transparent and efficient service delivery; Goal H; "Achieve Long-Term Financial Sustainability”.

BACKGROUND:

The Public Works and Utilities Departments maintain storage tanks for bulk fuels used to fuel buses, fleet vehicles and non-public roadway powered equipment. There are a variety of tanks ranging from 400 gallon up to 12,000-gallon diesel storage tanks as well as a variety of smaller capacity tanks serving the City’s Fire Stations.

The average quantity delivered annually:
• Renewable Diesel – 883,000 gallons
• Unleaded – 20,000 gallons
• Red Dye – 1,650 gallons
The current agreement for bulk fuel is with Van De Pol Petroleum, Agreement #176713. At the February 4, 2020, Council meeting per Resolution 2020-098, Council approved the initial term of two years with three one-year extension options for a total of up to five years, beginning February 4, 2020, and ending on February 3, 2025, for an estimated annual amount of $1,270,000 and a total amount not to exceed $6,350,000. #4..
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Finance Committee, February 24, 2025
Purchasing Agreement for Renewable Diesel and Bulk Fuels

Page 2 of 3 ends

On January 11, 2021, Council approved a First Amendment by Resolution 2022-05 to increase funding by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a not to exceed amount of $12,273,184 over the term of the agreement and authorized the Director of Finance to adjust delivery locations as needed, ensuring the combined totals were not changed.

On December 23, 2024, a Second Amendment requested to extend the Agreement #176713 with Van De Pol Petroleum was sent by the Purchasing Division. Van De Pol Petroleum agreed to the request extending the agreement with an extended expiration date of March 31, 2025.

DISCUSSION:

On June 28, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Bulk Fuel Purchase and Delivery. On August 27, 2024, the Purchasing Division issued Invitation for Bids (IFB) 2324-94 for the Bulk Fuel Purchase and Delivery Service on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Ten companies downloaded the IFB document from PlanetBids.

On October 1, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two chose to respond, and two local bids were received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the Bulk Fuel Purchase and Delivery Service to Hunt & Sons, LLC, Modesto, CA for a two–year agreement with three one-year extension options, for total estimated annual cost not to exceed $3,750,000 and $18,750,000 over five years.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid Bulk Fuel Purchase and Delivery Service to Hunt & Sons LLC, Modesto, CA.

FISCAL IMPACT:

The previous spending activity for these services for the past five years is as follows:

Fiscal Year Annual Cost
FY 20/21 $ 1,311,588
FY 21/22 $ 2,518,331
FY 22/23 $ 2,822,062
FY 23/24 $ 2,949,471
FY 24/25 (YTD) $ 1,685,098
Five Year Total $11,286,550
1 i.e. 72033 Gasoline, Compressed Natural Gas (CNG), Liquefied Petroleum Gas (LPG), And Diesel Fuel Pumps, Service Station Type 90662 Petroleum and Fuel (Storage and Distribution) – Architectural 95850 Fuel Management Services 40500 Fuel, Oil, Grease and Lubricants #4..
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Finance Committee, February 24, 2025
Purchasing Agreement for Renewable Diesel and Bulk Fuels

Page 3 of 3 ends

On January 1, 2025, fuel costs incurred a $0.65 per gallon price increase, which is approximately a 30 percent increase in the tax base. Additionally, there is a proposal for another increase of up to $0.85 per gallon later in calendar year 2025. With current pricing increases, staff estimates an initial annual cost not to exceed $3,750,000 and an overall cost not to exceed $18,750,000 over five years. Funds are allocated across the following accounts:

Fund Account Number Annual Budgeted Amount
Fleet Services 5400-53255-52220 $ 3,138,366
Water Fund 4100-45050-53100 $ 11,604
Wastewater Fund 4210-44313-52220
4210-44314-52220
$ 133,474
Oakdale Fire Department 0100-18212-52220 $ 67,456
Ceres Fire Department 0100-18213-52220 $ 67,155
Modesto Fire Department 0100-18610-52220 $ 324,343
Modesto Police Department 0100-19430-52220 $ 7,602
Annual Total Not to Exceed $ 3,750,000
Five Year Total Not to Exceed $18,750,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, California, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $3,750,000 and a total amount not to exceed $18,750,000 over five years; and forwarding to Council for approval.

Approved by
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Purchasing Agreement #291327

2. Bulk Fuel IFB

3. Cost Abstract

4. Hunt & Sons Bid Submittal Checklist
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1 HUNT & SONS, LLC
ANNUAL AGREEMENT #291327 BULK FUEL PURCHASE & DELIVERY SERVICE This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Hunt & Sons, LLC, a Limited Liability Company of CA, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the BULK FUEL PURCHASE AND DELIVERY SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BULK FUEL PURCHASE AND DELIVERY SERVICES as described in IFB 2324-94, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
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2 a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $3,750,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $18,750,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING

TANK LOCATIONS
Site Site Location Tank Size Average
Delivery
Fuel Type Price Per Gallon
Primary
Treatment
Plant
1221 Sutter Ave
Modesto, CA 95351
2500/1500 gals 450 Renewable Red
Dye Diesel
-.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack
Primary
Treatment
Plant
1221 Sutter Ave
Modesto, CA 95351
1500gals 2,740 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack
Primary
Treatment
Plant
1221 Sutter Ave
Modesto, CA 95351
500gals 1,250 Unleaded +.06 cents per gallon
OPIS Stockton Daily
UBD Low Rack
Secondary
Treatment
Plant
7007 Jennings Rd
Modesto, CA 95358
450gals 15,402 Unleaded +.06 cents per gallon
OPIS Stockton Daily
UBD Low Rack
Secondary
Treatment
Plant
7007 Jennings Rd
Modesto, CA 95358
450gals 4,120 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fleet
Services
1609 8th Street
Modesto, CA 95354
12,000gals 676,591 Renewable Diesel -.20 cents per gallon OPIS Stockton Daily
UBD Low Rack
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3 Fleet
Services
501 N. Jefferson
Modesto, CA 95354
500gals 874 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fleet
Services
501 N. Jefferson
Modesto, CA 95354
2,000gals 1,899 Unleaded -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Compost
Facility
7001 Jennings Rd
Modesto, CA 95358 1,200gals
34,521 Red Dye
Renewable Diesel
+.06 cents per gallon
OPIS Stockton Daily
UBD Low Rack _____
Fire Station
1 610 11 St
Modesto, CA 5354
1,000gals 10,555 Renewable Diesel -.12 cents per gallon OPIS Stockton Daily
UBD Low Rack ______
Fire Station
2 420 Chicago Ave
Modesto, CA 95351
1,000gals 7,304 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
3 635 El Vista Ave
Modesto, CA 95354
1,000gals 5,036 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
4 1505 Blue Gum Ave
Modesto, CA 95351
1,000gals 6,415 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
5 200 W Briggsmore Ave
Modesto, CA 95351
1,000gals 10,024 Renewable Diesel -.12 cents per gallon OPIS Stockton Daily
UBD Low Rack ______
Fire Station
6 2700 Standiford Ave
Modesto, CA 95350
1,000gals 4,867 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
7 1800 Mable Ave
Modesto, CA 95355
1,000gals 4,251 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
8 737 Airport Way
Modesto, CA
500gals 1,428 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
9 4025 Fara Biundo Dr
Modesto, CA 95355
1,000gals 4,147 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
10 148 Imperial Ave
Modesto, CA 95355
1,000gals 4,024 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
11 4225 Carver Rd
Modesto, CA 95355
1,000gals 4,599 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
27 450 S. Willowood Dr.

Oakdale, CA 95361
500gals 4,079 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
28 325 E G Street Oakdale, CA
95361
500gals 5,082 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
29 17700 Main Street Knights
Ferry, CA 95361
500gals 2,331 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Fire Station
30 13200 Valley Home Rd
Oakdale, Ca 95361
500gals 5,000 Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
Tank or
Well Site
There are 30 water tank or well
sites located throughout the
city.

Various Wet hose up to
5,000 gal annually
Renewable Diesel -.12 cents per gallon
OPIS Stockton Daily
UBD Low Rack ______
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4 2. CITY REPRESENTATIVE:

CITY Representative: Patrick Crowley (209) 342-2274, [email protected] Purchasing Representative: Kim Presson, Buyer (209) 577-5375, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Brad McGhee, Director of Sales
Phone: (209) 522-7291 Email: [email protected]

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: MARCH 12, 2025 through MARCH 11, 2026
Year 2: MARCH 12, 2026 through MARCH 11, 2027
Year 3: MARCH 12, 2027 through MARCH 11, 2028
Year 4: MARCH 12, 2028 through MARCH 11, 2029
Year 5: MARCH 12, 2029 through MARCH 11, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price #4..
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5 increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data

5. LIABILITY INSURANCE:

During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 45 Days via manual check”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT #29132.
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6  CITY department/division name and address
 Billing period
 Service hours worked day and week.
 Unit price, extended price, sales tax and total

7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. COMMENCEMENT AND COMPLETION OF THE WORK:
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7 The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-94;
d. Pins Insurance
e. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion #4..
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8 of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
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9 CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
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10 Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar #4..
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11 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Hunt & Sons, LLC
5725 Alder Ave
Sacramento, CA 95829
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

19. QUANTITIES: No minimum or maximum is guaranteed or implied.

20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap #4..
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12 (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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13 23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from #4..
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14 any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

30. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. PARTIAL INVALIDITY:
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15 If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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16 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICES
1 INVITATION FOR BIDS (“IFB”) NO. 2324-94
FOR

BULK FUEL PURCHASE AND DELIVERY SERVICES
BID OPENING: OCTOBER 01, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Kim Presson, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-94

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DELIVERY SERVICES
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 25 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 30 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 33 BID FORM L - SUBCONTRACTOR LIST.......................................................................................... 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35

1.1 SCOPE OF WORK:........................................................................................................................ 35

1.7 REQUIRED LICENSES:................................................................................................................ 39 SAMPLE AGREEMENT......................................................................................................................... 41 #4..
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INVITATION FOR BIDS # 2324-94

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DELIVERY SERVICE
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Bulk Fuel Purchase and Delivery Services (the “Services”) for the City of Modesto, Public Works Department, Fleet Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to October 01, Date, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #4..
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INVITATION FOR BIDS # 2324-94

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DELIVERY SERVICE
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-94
BID OPENING DATE: OCTOBER 01, 2024, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK

CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95354
DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO
1010 10TH STREET, SUITE 6600
MODESTO, CA 95353
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of one hundred twenty (120) days after the date set for the opening thereof.
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
5 CALENDAR OF EVENTS
Event Date
IFB Issued August 27, 2024
Written Questions Due via Email September 09, 2024, 2024 Addendum Issued (if required) September 13, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, October 01, 2024 Contract Award February 2025

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #4..
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, October 01, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed:
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. #4..
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BULK FUEL PURCHASE AND

DELIVERY SERVICE
10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
11 • A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
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INVITATION FOR BIDS # 2324-94

BULK FUEL PURCHASE AND

DELIVERY SERVICE
12 City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:
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13 City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. #4..
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14 f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #4..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #4..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #4..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. #4..
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18 Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. One “Inked” Signed Original Bids Document Required: Failure to furnish one “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

Minimum of 3 years
K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
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20 Number (note –
provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.**

TANK LOCATIONS
Site Site Location Tank Size Average
Delivery
Fuel Type Price Per Gallon
Primary
Treatment
Plant
1221 Sutter Ave
Modesto, CA 95351
2500/1500
gals
450 Renewable Red
Dye Diesel
$______
Primary
Treatment
Plant
1221 Sutter Ave
Modesto, CA 95351
1500gals 2,740 Renewable
Diesel
$______
Primary
Treatment
Plant
1221 Sutter Ave
Modesto, CA 95351
500gals 1,250 Unleaded $______
Secondary
Treatment
Plant
7007 Jennings Rd
Modesto, CA 95358
450gals 15,402 Unleaded
Secondary
Treatment
Plant
7007 Jennings Rd
Modesto, CA 95358 450gals
4,120 Renewable
Diesel
$______
Fleet
Services
1609 8th Street
Modesto, CA 95354
12,000gals 676,591 Renewable
Diesel
$______
Fleet
Services
501 N. Jefferson
Modesto, CA 95354
500gals 874 Renewable
Diesel
$______
Fleet
Services
501 N. Jefferson
Modesto, CA 95354
2,000gals 1,899 Unleaded $______
Compost
Facility
7001 Jennings Rd
Modesto, CA 95358 1,200gals
34,521 Red Dye
Renewable
Diesel
$______
Fire
Station 1
610 11 St Modesto,
CA 5354
1,000gals 10,555 Renewable
Diesel
$______
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22 Fire
Station 2
420 Chicago Ave
Modesto, CA 95351
1,000gals 7,304 Renewable
Diesel
$______
Fire
Station 3
635 El Vista Ave
Modesto, CA 95354
1,000gals 5,036 Renewable
Diesel
$______
Fire
Station 4
1505 Blue Gum Ave
Modesto, CA 95351
1,000gals 6,415 Renewable
Diesel
$______
Fire
Station 5
200 W Briggsmore Ave
Modesto, CA 95351
1,000gals 10,024 Renewable
Diesel
$______
Fire
Station 6
2700 Standiford Ave
Modesto, CA 95350
1,000gals 4,867 Renewable
Diesel
$______
Fire
Station 7
1800 Mable Ave
Modesto, CA 95355
1,000gals 4,251 Renewable
Diesel
$______
Fire
Station 8
737 Airport Way
Modesto, CA
500gals 1,428 Renewable
Diesel
$______
Fire
Station 9
4025 Fara Biundo Dr
Modesto, CA 95355
1,000gals 4,147 Renewable
Diesel
$______
Fire
Station 10
148 Imperial Ave
Modesto, CA 95355
1,000gals 4,024 Renewable
Diesel
$______
Fire
Station 11
4225 Carver Rd
Modesto, CA 95355
1,000gals 4,599 Renewable
Diesel
$______
Fire
Station 27
450 S. Willowood Dr
Oakdale, CA 95361
500gals 4,079 Renewable
Diesel
$______
Fire
Station 28
325 E G Street
Oakdale, CA 95361
500gals 5,082 Renewable
Diesel
$______
Fire
Station 29
17700 Main Street
Knights Ferry, CA 95361
500gals 2,331 Renewable
Diesel
$______
Fire
Station 30
13200 Valley Home Rd
Oakdale, Ca 95361
500gals 5,000 Renewable
Diesel
$______
Tank or
Well Site
There are 30 water tank
or well sites located
throughout the city.

Various Wet hose up
to 5,000 gal
annually
Renewable
Diesel
$______
ePay
$-
(______________)
Total Items: __________
Gallon
/Total
$__________/Total
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23 Additional Services: (Describe) ________________________________________________/UOM Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ________________________________
• Option B Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing: ___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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25 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:
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26 Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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27 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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28 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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29 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria.

Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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30 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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31 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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32 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. – Please review 1.0 Scope of Work C. Delivery Drivers should have the following requirements – Please review 1.0 Scope of Work. i. Class A CDL
ii. Tanker Endorsement
iii. Hazmat Endorsement
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34 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)

N/A N/A

N/A N/A
Bidder Company Name:
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35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

Contractor shall provide the CITY with fuel delivery services subject to the following terms and specifications:

The Contractor shall possess and maintain all Federal, State and local permits, licenses and approvals necessary to provide goods / services as required in the Scope of Work, for the duration of the contract. Any associated fees shall be the responsibility of the Contractor.

The Contractor shall ensure that all delivery vehicles are in compliance with all current Federal, State and Local registration, licensing, insurance and maintenance requirements as mandated by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSA). Department of Toxic Substances (DTSC), California Air Resources Board (CARB), California Department of Motor Vehicles (DMV), and California Highway Patrol (CHP), relating to the commercial transportation and delivery of bulk fuels and automotive lubricants in the State of California, for the duration of the contract.

The Contractor shall ensure that all bulk fuel and automotive lubricants delivery drivers are in compliance with current Federal, State and local licensing, registration, training, communication, packaging, emergency response and security requirements, as mandated by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSA), California Air Resource Board (CARB), California Department of Motor Vehicles (DMV), and California Highway Patrol (CHP).

All drivers / delivery personnel shall be HAZMAT trained and certified in safety measures to prevent accidents endangering City personnel and property.

The Contractor’s drivers / delivery personnel shall perform all deliveries in a safe and professional manner, adhering to all applicable Federal, State, Local regulations.

The Contractor shall ensure that the driver arrives at the fueling site with the proper equipment and the knowledge in the use of all equipment.

The Contractor shall supply to the City legible copies of State and Federally required licenses, certifications and registrations of the business, vehicles, and personnel with the submission of their proposal.

1.1 FUEL USAGE AND STORAGE:

The City’s projected annual fuel usage is approximately 30,000 gallons of regular (87) unleaded, 650,000 of renewable diesel, and 100,000 gallons of renewable red diesel. Additionally, the City may require up to 5,000 #4..
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36 gallons of ‘wet hose’ diesel fueling for various generator sites around the city. The City Fuel Delivery Sites are shown in EXHIBIT 1.

1.2 FUEL SPECIFICATIONS:
a. Unleaded Gasoline provided shall have an Octane rating of 87 as determined by using the standard R+M/2 method.
b. Diesel fuel provided shall be Renewable Diesel that meets the federal registration requirements for fuels and fuel additives and the ASTM D975-21 Standard Specification for Diesel Fuel and is CARBcompliant. c. Renewable Red-Diesel fuel provided shall be CARB-compliant and exempt from road taxes. d. All fuel provided to the City must be in compliance with the State of California Air Resources Board (CARB) specifications as stated under the latest version of the California Reformulated Gasoline Regulations (CaRFG3), sections 2250-2273.5, including all amendments. e. All Fuel content testing must comply with the American Society for Testing and Materials methods for Petroleum Standards, including but not limited to D86-99, D287-82, D323-58, D613-84, D3231-73, D3237-79, D4629-96, D4814, D4815-09, D5186-03, D5453-93, D5580-02, D6079-02, and D7754-11. f. Fuel provided to the City must meet the latest flat limits of the Reid Vapor Pressure (RVP) requirements as set forth by the California Air Resources Board (ARB) in the California Reformulated Gasoline (CaRFG3) regulations.
g. Diesel Fuel provided must meet the content standards as specified under the California Air Resources Board “California Diesel Fuel Regulations” (Title 13, Cal Code of Regulations, Sec 2281-2285, 2299- 2299.5 and Title 17, Cal Codes of Regulations, Sections 93114, 93117, 93118, 93118.2, 93118.3, 93118.5).
h. Contractor shall provide, upon request, a Safety Data Sheet (SDS) at time of fuel delivery as required by law.
i. Only products of new manufacture or distillation will be accepted, No refined or reclaimed products will be accepted. All fuel/gasoline shall have a minimum shelf life of one (1) year. #4..
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37 j. All products furnished shall conform to all Federal, State, Local, American Society of Testing & Materials (ASTM), Department of Transportation (DOT) and California Air Resources Board (CARB) regulations.

1.3 ORDERS, DELIVERIES AND INVOICES:

Orders – Fuel orders are typically placed every other week but may occur more or less frequently as usage dictates. Most fuel orders are placed 24 to 72 hours in advance of need.

Fuel orders should be fulfilled by the Contractor as soon as possible, unless otherwise stated at the time of the order, but no more than 48 hours after the request has been made. Contractor must be able to deliver fuel within 48-hours of a telephoned or emailed request, and delineated fuel pricing shall be made available to the fuel coordinator within one twenty-four (24) hour period of standard working hours of the actual delivery of fuel.

Deliveries – Fuel deliveries may be made between the hours of 7am and 4pm, Monday through Friday, or as specified at the time of the order.

The Contractor’s driver shall run a fuel tank report from the City’s Veeder – Root monitor system if equipped, both prior and after fueling, to confirm delivery amounts and provide bill of lading documentation to the City’s responsible party (Fleet Administration) of the delivery types and quantities. Bill of Lading should contain, at a minimum:
• Company Name & Address
• Sold-to Party (City of Modesto) with delivery address. • Date of delivery
• Type and Gallon Quantity of Unleaded Gasoline delivered. • Type and Gallon Quantity of Diesel Fuel delivered.
• Fuel truck driver signature.
• City personnel’s signature
Invoices – Contractor’s fuel delivery invoice shall reference the Purchase Order, date of delivery, type of fuel, amount of delivered gallons, base fuel price per gallon (Including margin), with all applicable taxes and surcharges itemized separately. The Contractor shall submit with each invoice a copy of the OPIS price sheet for Modesto, California, for the week of delivery. Bill of lading should contain, at a minimum:
• Contractor’s Name & Address
• Sold-to Party (City of Modesto), with delivery address. • Date of delivery.
• Type and Gallon Quantity of oil delivered.
• Oil truck driver’s signature.
• City personal’s signature.
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38 1.4 FUEL AND OIL SPILLS:

The Contractor will be responsible for any spills on the City’s premises, which occur from the company’s fuel delivery vehicle or as a result of any of the driver’s activities while in the process of filling the City’s underground tank. The Contractor shall be financially and legally liable for the complete containment, remediation, and disposal of all hazardous waste spills that may occur during the contractor’s fueling operations. The Contractor must arrive at the City’s fueling site equipped to handle the containment, remediation, and proper clean-up of all spills up to 100 gallons. The Contractor shall immediately report any spillage to the City and clean up the spillage within one working day of the time of spillage, or another time period as specified by the City. In the event of a fuel spill, the Contractor is required to immediately notify City of Modesto site personnel, cover all drains in the vicinity, prevent spill from entering storm drains, and attempt to contain the spill. City of Modesto Environmental Compliance staff will supervise any and all fuel spill remediation and disposal of hazardous waste. In the event of an emergency, the Contractor must have a 24-hour emergency contact number. Clean up shall be performed in accordance with EPA, DTSC and State of California guidelines and requirements. The City will charge the Contractor for all costs incurred during the clean-up process including labor and administrative costs, hazardous waste material handling fees, disposal fees or other clean-up supplies, and any fines resulting from violations of state, federal, or local regulations.

The following Best Management Practices will be followed by the Contractor to minimize the risk of spills during mobile refueling operations and to prevent any liquids spilled during dispensing operations from flowing into buildings or offsite:
• All fuel delivery trucks are equipped with a remote emergency shut-off button. • Automatic shut-off nozzle will be used.
• Automatic shut-off nozzle will be replaced as necessary. • Equipment on fueling vehicles, particularly hoses and nozzles, will be maintained and replaced as needed to prevent failures or spills.
• The operator shall be prohibited from leaving the tank area while fueling it. • The fill nozzle shall be removed and fueling shall be ceased when the automatic shut-off engages. • “Topping off” shall be prohibited.
• Absorbent pads shall be kept under the nozzle and the nozzle shall be kept facing upwards while transferring it between the fueling vehicle and the vehicle being fueled. • The act of dragging hoses shall be minimized.
• All fueling vehicles shall have a minimum of these spill clean-up materials:
o Non-Water absorbents capable of absorbing 16 gallons of fuel. o A contamination boom of a minimum 10 feet in length.
o All fueling vehicles shall be equipped with adequate lighting systems at the filling point. • All fuel-contaminated media shall be disposed of in accordance with any/all applicable Regulatory requirements by a licensed disposal company.

1.5 FEDERAL EXCISE TAX:
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39 “Federal law provides a fuel excise tax exemption for the sale of any liquid used as a fuel in a motor vehicle, motorboat, or aircraft for the exclusive use of any State, or any political subdivision of a government entity.

This fuel excise tax exemption does not include Leaking Underground Storage Tank (LUST) tax.” (Internal Revenue Service)
The City of Modesto qualifies for this Federal excise tax exemption.

1.6 FUEL QUALITY CONTROL & TESTING:

City reserves the right to conduct spot check testing for fuel product quality assurance. City will arrange testing through an independent laboratory. Fuel supplies shall be free from contamination.

City and/or its authorized representative(s) reserves the right to test fuel quality before, during, and after unloading. Should test results show that fuel contains contaminates, the fuel will be rejected. The vendor shall be responsible for the removal of the fuel from the City property within three (3) working days after requested to do so should test results show that the fuel contains any contaminants. The vendor shall also be responsible for all the cleanup required of all City property, storage facilities, and equipment as a result of noncompliance with these specifications. Furthermore, the vendor shall be fully responsible for any and all costs incurred by the City for any equipment sustaining damage that is attributed to contaminated fuel that the vendor has delivered.

Any aftermarket additive used shall be identified by brand and/or trade name. The manufacturer’s additive specifications shall be provided to City, upon request. Failure to provide the manufacturer’s additive specifications with in seven (7) working days of the City request. Failure to provide this request will be grounds for purchase order cancellation without further cause. An additive, if used shall comply with Environmental Protection Agency (EPA) regulations and shall be compatible with the refiner’s product.

Additives, which increase emissions of sulfur and other substances proven to damage the environment, which are disallowed by EPA regulations will not be accepted.

1.7 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.8 TERM OF AGREEMENT:

The term of the agreement shall be for a period of two years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two years of any agreement, which may be awarded pursuant to this IFB.
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40 B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

C. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data. #4..
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41 SAMPLE AGREEMENT

SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the BULK FUEL PURCHASE AND DELIVERY SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BULK FUEL PURCHASE AND DELIVERY SERVICES as described in IFB 2324-94, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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42 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
[TBD – Insert Pricing Table Here]

2. CITY REPRESENTATIVE:

CITY Representative is: Lawrence Devereaux (209) 342-2214, [email protected] Purchasing Representative: Kim Presson, Buyer (209) 577-5375, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #4..
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43 3. CONTRACTOR CONTACT:

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: MONTH, DAY, 2025 through MONTH, DAY 2026
Year 2: MONTH, DAY 2026 through MONTH, DAY 2027
Year 3: MONTH, DAY 2027 through MONTH, DAY 2028
Year 4: MONTH, DAY 2028 through MONTH, DAY 2029
Year 5: MONTH, DAY 2029 through MONTH, DAY 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given #4..
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44 to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limity shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Pollution Liability – Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
d. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. #4..
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45 The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
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46 • This AGREEMENT number.
• CITY department/division name and address
• Billing period
• Service hours worked day and week.
• Unit price, extended price, sales tax and total

8. VENUE & GOVERNING LAW:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-94;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion #4..
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48 of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
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49 CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
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50 Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

17. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar #4..
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51 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

19. QUANTITIES: No minimum or maximum is guaranteed or implied.

22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, #4..
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52 ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
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53 23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from #4..
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54 any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER:

30. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

33. PARTIAL INVALIDITY:
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55 If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 202?-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 20?? and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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ITEM # STOCK # ITEM/DESCRIPTION QTY
Est Gal UN PRC EXTENSION UN PRC EXTENSION
1 PTP Primary Treatment Plant - 1221 Sutter Ave, Modesto, CA 95351 450 -$0.12 -$54.00 $0.05 $22.50 2 PTP Primary Treatment Plant - 1221 Sutter Ave, Modesto, CA 95351 2,740 -$0.12 -$328.80 $0.05 $137.00 3 PTP Primary Treatment Plant - 1221 Sutter Ave, Modesto, CA 95351 1,250 $0.06 $75.00 $0.05 $62.50 4 STP Secondary Treatment Plant - 7007 Jennings Rd., Modesto, CA 95358 15,402 $0.06 $924.12 $0.05 $770.10 5 STP Secondary Treatment Plant - 7007 Jennings Rd., Modesto, CA 95358 4,120 -$0.12 -$494.40 $0.05 $206.00 6 FS 1609 8th St., Modesto, CA 95358 676,591 -$0.20 -$135,318.20 -$0.20 -$135,318.20 7 FS 501 N. Jefferson, Modesto, CA 95354 874 -$0.12 -$104.88 $0.05 $43.70 8 FS 501 N. Jefferson, Modesto, CA 95354 1,899 $0.06 $113.94 $0.05 $94.95 9 CF 7001 Jennings Rd., Modesto, CA 95358 34,521 -$0.12 -$4,142.52 $0.05 $1,726.05 10 FS1 610 11th Street, Modesto, CA 95354 10,555 -$0.12 -$1,266.60 $0.05 $527.75 11 FS2 420 Chicago Ave., Modesto, CA 95354 7,304 -$0.12 -$876.48 $0.05 $365.20 12 FS3 635 El Vista Ave., Modesto, CA 5,036 -$0.12 -$604.32 $0.05 $251.80 13 FS4 1505 Blue Gum Ave., Modesto, CA 95351 6,415 -$0.12 -$769.80 $0.05 $320.75 14 FS5 200 W. Briggsmore Ave., Moedesto, CA 10,024 -$0.12 -$1,202.88 $0.05 $501.20 15 FS6 2700 Standiford Ave., Modesto, CA 4,867 -$0.12 -$584.04 $0.05 $243.35 16 FS7 1800 Mable Ave., Modesto, CA 4,251 -$0.12 -$510.12 $0.05 $212.55 17 FS8 737 Airport Way, Modesto, CA 1,428 -$0.12 -$171.36 $0.05 $71.40 18 FS9 4025 Fara biundo Dr., Modesto, CA 95355 4,147 -$0.12 -$497.64 $0.05 $207.35 19 FS10 148 Imperial Ave., Modesto, CA 95355 4,024 -$0.12 -$482.88 $0.05 $201.20 20 FS11 4225 Carver Rd., Modesto, CA 95355 4,599 -$0.12 -$551.88 $0.05 $229.95 21 FS27 450 S. Willowood Dr., Oakdale, CA 95361 4,079 -$0.12 -$489.48 $0.05 $203.95 22 FS28 325 E. G St., Oakdale, CA 95361 5,082 -$0.12 -$609.84 $0.05 $254.10 23 FS29 17700 Main St., Oakdale, CA 95361 2,331 -$0.12 -$279.72 $0.05 $116.55 24 FS30 13200 Valley Home Rd., Oakdale, CA 95361 5,000 -$0.12 -$600.00 $0.05 $250.00 25 WH 30 water tank or well sites located throughout the City - Wet Hose 5,000 -$0.12 -$600.00 $1.00 $5,000.00 26 27
SUB-TOTAL: This is based off Mark-Up or Mark-Down per gallon - OPIS Stockton Daily UBD Low Rack -$149,426.78 -$123,298.30 TOTAL: Total Savings -$149,426.78 -$123,298.30
Stockton
Van De Pol Enterprises, Inc

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB NO. 2394-94 BULK FUEL PURCHASE AND DELIVERY SERVICE Modeto, CA
Hunt & Sons, LLC
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Finance CommitteeFebruary 24, 2025

Finance Committee
February 24, 2025