MODESTO CITY SCHOOLS BID NO GASOLINE AND DIESEL FUEL. DUE DATE: No later than 3:00 p.m. PT on Monday, March 9, 2015

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1 MODESTO CITY SCHOOLS BID NO GASOLINE AND DIESEL FUEL DUE DATE: No later than 3:00 p.m. PT on Monday, March 9, 2015 MODESTO CITY SCHOOLS Purchasing Department 426 Locust Street Modesto, CA (209)

2 TABLE OF CONTENTS Important Notice to Bidders!... 3 Notice Inviting Bids 4 Introduction. 5 Submittal of Bids. 6 General Conditions and Instructions to Bidders Insurance Scope of Work Computation of Bid and Sales Tax Bid Signature Page (Attachment A).. 15 Designation of Local Point of Sale (Attachment B) Bid Pricing Sheet (Attachment C). 17 Performance References (Attachment D) Questionnaire/Requested Information (Attachment E). 19 Non-Collusion Affidavit (Attachment F).. 20 Checklist of Documents to be Returned with Bid 21 Bid No Gasoline & Diesel Fuel Page 2

3 IMPORTANT NOTICE TO ALL BIDDERS! It is the responsibility of each Bidder to ensure Modesto City Schools (MCS) has their correct business name and contact information on file including an address. Any prospective Bidder who obtained bid documents from the MCS website or from anyone other than MCS is responsible for advising MCS that they have a set of contract documents and wish to receive subsequent addenda. Please send your contact information to the Purchasing Department at purchasinginfo@mcs4kids.com with the subject line Bidder Contact Info and include the following information: Bid Number Firm Name Contact Person s Name Address Phone Number Fax Number Address The District may, during the bid period, advise the bidder by bulletin or addenda of additions, omissions or alterations in the specifications. All such changes shall be included in the bid and become a part of the specifications as if originally submitted. It is the Bidder s sole responsibility to insure they have received any and all subsequent addenda. Addenda will be posted on the District s website at It is the sole responsibility of each bidder to periodically check the site for any addenda. Bidders are to acknowledge receipt of any and all addenda. This shall be done by signing and returning a copy with your proposal, or indicating the addendum number on the Bid Signature Page. Failure to acknowledge in writing the receipt of any addenda may result in bid rejection. It is the Bidder s sole responsibility to see that addenda acknowledgement requirements are met. Bid No Gasoline & Diesel Fuel Page 3

4 Modesto City Schools 426 Locust Street Modesto, CA Notice Inviting Bids Notice is hereby given that sealed bids for Bid No Gasoline and Diesel Fuel will be received in the Modesto City Schools Purchasing Department, 426 Locust Street, Modesto, CA 95351, no later than 3:00 p.m. PT on Monday, March 9, Specifications and Instructions to Bidders are on file and may be obtained from the Modesto City Schools Purchasing Department, 426 Locust Street, Modesto, CA 95351, (209) Documents may also be downloaded from district/purchasing/open-bids Modesto City Schools reserves the right to reject any and all bids and to waive any irregularity or informality. Patti Truett, C.P.M., CPPB Director I, Purchasing Publish Dates: 2/22, 3/1 Bid No Gasoline & Diesel Fuel Page 4

5 Modesto City Schools Bid No Gasoline and Diesel Fuel INTRODUCTION Modesto City Schools is seeking bids from qualified firms for providing GASOLINE AND DIESEL FUEL for all District owned vehicles. An agreement for a one (1) year period may be awarded to the lowest responsive and responsible bidder that will best suit the needs of the District. The District may elect to extend the contract for up to two (2) additional one (1) year periods, for a total of three (3) years. This bid does not commit the District to award a contract or pay any costs incurred in the preparation of a bid responsive to this request. The District reserves the right to accept all or part of any bid submitted or to cancel this bid in part or in its entirety. The District further reserves the right to accept the bid that it considers to be in the best interest of the District. Bid No Gasoline & Diesel Fuel Page 5

6 SUBMITTAL OF BIDS Sealed bids will be received in the Office of the Director of Purchasing no later than 3:00 pm PT on Monday, March 9, All mailed bids shall be addressed as follows: BID NO GASOLINE AND DIESEL FUEL DIRECTOR OF PURCHASING MODESTO CITY SCHOOLS 426 LOCUST STREET MODESTO CA All envelopes shall also have stated thereon the name and address of the submitting firm. Hand delivered courier or package delivery service shall be delivered directly to: MODESTO CITY SCHOOLS PURCHASING DEPARTMENT BID NO GASOLINE AND DIESEL FUEL 426 LOCUST STREET MODESTO CA All bids received after said time and date will be time-stamped and returned unopened to the submitter. Modesto City Schools will not accept bids submitted by fax or . Modesto City Schools will not be responsible for late or misdirected bid submittals. Please refer any questions to Lyn Mullins at Bid No Gasoline & Diesel Fuel Page 6

7 GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS 1. Acceptance of Bids The District reserves the right to reject any or all bids or to waive any informalities or irregularities. 2. Withdrawal of Bid No bidder may withdraw their bid for a period of thirty (30) days after the date set for the opening thereof. 3. Quantities Quantities listed are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. 4. Cooperative Contract Clause 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, district or publicly funded agencies. Minor changes in terms and conditions may be negotiated by participating agencies and the successful bidder. Any or all necessary reference to applicable Education Code, Public Contract Code, or other legal reference in order to provide piggybackable or cooperative purchase capabilities are hereby referenced and included. The District waives its right to require such other districts and agencies to draw their warrants in favor of the District as provided in referenced Code sections. 5. Freight/Transportation Costs All freight and transportation costs shall be included in pricing. 6. Bid Form(s) All bids must be submitted on forms provided by Modesto City Schools. 7. Award of Bid It is the intent of the District to award the bid to one bidder only who meets our specifications. The District shall not be obligated to accept the lowest priced bid, but will make a determination for award based on highest ranking in total evaluation criteria. 8. Payment A blanket purchase order will be issued and invoices will be paid within thirty (30) days after acceptance of the materials, equipment and/or services by the District, unless otherwise stated. Bid No Gasoline & Diesel Fuel Page 7

8 9. Bid Signatures All bids must be signed with the firm name and by a responsible officer or employee fully authorized to bind the organization to the terms and conditions herein. Obligations assumed by such signature must be fulfilled. 10. Termination of Contract It is understood by both parties that when contract is rendered, the contract may be terminated by either party by giving a thirty (30) day written notice to said party. The District may, without cause, reject the contractor s request for termination. The contractor shall be entitled to payment for only the work provided to the effective date of termination. 11. Performance Successful bidder shall perform the entire job as required for the contract term. 12. Term of Contract The term of this agreement shall commence upon notification of award and continue for a period of one (1) year, with two (2) possible one (1) year extensions. 13. Non-Collusion Statement If more than one bid is offered by an individual, firm, co-partnership, corporation, association or any combination thereof under the same or different names, all such bids may be rejected. All bidders are put on notice that any collusive agreement fixing the prices so as to control or affect the awarding of this bid is in violation of competitive bidding requirements, and may render any contract let under such circumstances void. 14. Safety Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Furnished equipment, material and services shall comply with all OSHA standards and regulations, and all applicable governmental laws and orders. Contractor shall provide proof of compliance, if requested by the District. 15. References Respondents are to provide a list of current or former clients (see Attachment D). The District 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 this request. The District reserves the right to contact references other than those provided in the response and to use the information gained from them in the evaluation process. 16. Indemnity The contractor agrees to indemnify, defend, save, and hold harmless Modesto City Schools, its officers, agents and/or employees for any damages or by reason of any injury or injuries, whether directly chargeable to the District, its officers, agents, and/ or employees or not; to any person or persons property of any kind whatsoever, Bid No Gasoline & Diesel Fuel Page 8

9 whether the person or property of contractor, his agents or employees or third persons, when said injury or injuries occur during, or are occasioned by, or result from the operations of contractor in connection with the performance of work or duties undertaken by him as a result of the acceptance of this bid. Bid No Gasoline & Diesel Fuel Page 9

10 INSURANCE REQUIREMENTS Scope Contractor shall procure prior to commencing any activities and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor s proposal. Minimum Limits of Insurance Contractor shall maintain coverage and limits of no less than: Liability Comprehensive General Liability Insurance or Commercial General Liability Insurance including coverage for premises and operation, contractual liability, personal injury liability, products/completed operations liability, broad form property damage and owners/contractors protective liability in an amount not less than one million dollars ($1,000,000) per occurrence, combined aggregate single limit for bodily injury, personal injury and property damage written on as occurrence form. For protection of the aggregate a separate liability policy must be used for this contract or an endorsement issued to reserve the required aggregate for this specific contract. Automobile Comprehensive Automobile Liability Insurance including as applicable owned, non-owned, and hired automobile in an amount not less than one million dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage written on an occurrence form. Workers Compensation The Contractor shall submit proof that Workers Compensation Insurance as required by the Labor Code of the State of California is secured. The insurance shall include Employers Liability limits of one million dollars ($1,000,000) per accident. Deductibles and Self-Insured Retentions Any deductible or self-insured retentions must be declared to and approved by the District. At the option of the District either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. Other Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages Bid No Gasoline & Diesel Fuel Page 10

11 a) The District, its officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor. b) The contractor s insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees and volunteers shall be excess of the Contractor s insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. d) Coverage shall state that the Contractor s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer s liability. Bid No Gasoline & Diesel Fuel Page 11

12 SCOPE OF WORK CARD LOCK FUELING SERVICES 1) Point of Sale Location Fuel to be purchased should be dispensed from a point of sale located within an approximate two (2) mile radius of the District Transportation yard located at 1524 Woodland Avenue, Modesto, CA. Fuel shall be available twenty-four (24) hours per day, seven (7) days per week, weekends and holidays included. 2) Facilities The main facility must have a minimum of four (4) gasoline pumps and two (2) ultra low sulfur diesel fuel pumps to accommodate users. The facility should provide suitable all-weather access to the District s entire fleet, including buses, heavy trucks, and construction equipment. 3) Tank Testing If any underground tank tests are required of the contractor, the District is to be notified three (3) days in advance so that all equipment can be fueled prior to the required down time. 4) Card Administration The successful bidder shall be responsible for providing, at no cost to the District, fuel cards to be issued in a quantity required by the District s Transportation Department that will be used to activate the fuel pumps at the contractor s place of business, and record the necessary information for District fleet records. Records will be printed daily and provided to the District as requested. Currently the District has approximately 200+ cards. It is expected that the successful bidder will provide all initial cards and any lost or stolen cards at no cost to the District during the life of this contract. The cards shall be the same size and strength as a normal credit card and resistant to modification or tampering. 5) Primary Local Point of Sale All products and services which are provided under this contract should be made available from at least one (1) facility located within an approximate two (2) mile radius of the District s Transportation yard. This facility shall be known as the Primary Local Point of Sale and shall be identified by the bidder on Attachment B. 6) Additional Local Points of Sale Other fuel dispensing sites in the local area under the control of the contractor may be designated by the bidder on Attachment B as Additional Local Points of Sale. These designated Additional Local Points of Sales shall be subject to all of the provisions of this contract, including pricing. Bid No Gasoline & Diesel Fuel Page 12

13 7) Non-Local Points of Sale If available, the purchase of fuel at non-local points of sale is provided as a convenience to the District. Fuel purchased from non-local points of sales may be priced at the normal retail price at the place and time of purchase, including all local, state, and federal taxes. If offering a discount for these types of sales, please indicate. 8) Reports The successful bidder must have the ability to provide reports upon request by the District. Minimum information to be provided by the contractor will be: a) Identity of vehicle b) Type of fuel c) Quantity of fuel d) Vehicle odometer reading e) Date of transaction f) Time of transaction g) Identity of card user 9) Fuel Usage For informational purposes, the annual fuel usage during the school year (July 1-June 30) is as follows: 138,717 gallons of ULTRA LOW SULFUR DIESEL 45,539 gallons of UNLEADED FUEL There are currently: 56 school buses using ULTRA LOW SULFUR DIESEL 13 trucks using ULTRA LOW SULFUR DIESEL 103 vehicles using UNLEADED FUEL 65 off-highway vehicles using UNLEADED FUEL Approx. 300 blowers and hand-held equipment using UNLEADED FUEL 35 diesel tractor-mower-power plants using ULTRA LOW SULFUR DIESEL 10) Pricing Evaluation Criteria The District reserves the right to establish the method used for calculating the total cost to the District, including the price of fuel, but also considering factors such as the fully burdened cost of getting District fleet vehicles/buses/equipment to and from the contractor s fueling stations/points of sale. 11) Off-Road Fuel Purchases Successful bidder must determine a method for differentiating on-road and offroad fuel purchases. Bid No Gasoline & Diesel Fuel Page 13

14 Pricing COMPUTATION OF BID AND SALES TAX Bidders are to quote an adjustment above (+) or below (-) the Stockton OPIS unbranded daily average as published in the OPIS PAD 4/5 report for the type of fuel requested. The quoted adjustment is to include all delivery, handling or other related charges, but is NOT to include government surcharges or taxes. The adjustment (differential) quoted is to be firm for the term of the contract. Computation of Invoice Price Daily Adjustment Invoiced prices are to be recomputed each day, based on the Stockton OPIS unbranded daily average as published in the OPIS PAD 4/5 report. Invoiced prices shall be computed on the published Stockton OPIS unbranded daily average, plus (+) or minus (-) the OPIS differential price (see Attachment C), plus the specified state and local taxes, and shall be valid for the seven (7) day period coinciding with the OPIS reporting period. Contractor will be required to supply the District, at the contractor s expense, a copy of the OPIS PAD 4/5 report for the Stockton, CA, area by or fax on each Monday during the term of the contract for pricing verification purposes. If OPIS does not report an unbranded daily average market area price for a single day, the most recent published unbranded daily average market area price shall be used in computing the invoice price. If two (2) or more days pass without the publishing of prices, it shall be the contractor s responsibility to notify the District. The District will then negotiate an interim price to be used until a current OPIS unbranded daily average price is again published for the Stockton, CA, market area. If the marketing publication is substantially modified or discontinued, the District reserves the right to reestablish the price mechanism of the bid, or to cancel all or part of the contract without prejudice against any party to the contract. Contractor shall pass along to the District any and all rebates, allowances or other pricing reduction incentives being offered to customers of the Contractor, including any pass through incentives from refineries. Sales Tax All applicable taxes must be itemized on the invoice. Invoices for fuel purchased at local points of sale shall include or exclude federal, state, and local taxes as follows: Federal Excise Tax Shall be excluded from the invoice State Excise Tax Shall be excluded from the invoice. State Sales (Use) Tax Shall be included on the invoice. State Gas Tax Shall be included on the invoice. The contractor shall provide the District with written notice of changes in tax rates. Bid No Gasoline & Diesel Fuel Page 14

15 Attachment A MODESTO CITY SCHOOLS BID NO GASOLINE AND DIESEL FUEL BID SIGNATURE PAGE (Must be completed and returned with bid.) The undersigned hereby proposes and agrees to furnish and deliver the goods or services as quoted in accordance with the terms, conditions, specifications, and prices herein quoted. Bid is subject to a payment discount of % days (less than 15 days will be considered net) Proposer acknowledges receipt of Addenda Number(s),,,, and. Initials Date: Firm Name: Signed By: Title: Address: Phone No.: Fax No.: Federal Tax ID No.: Bid No Gasoline & Diesel Fuel Page 15

16 Attachment B Modesto City Schools BID NO GASOLINE AND DIESEL FUEL DESIGNATION OF LOCAL POINT OF SALE (Must be completed and returned with bid.) Primary Local Point of Sale All products and services to be supplied should be made available from at least one (1) facility located within a two (2) mile radius of the Modesto City Schools Transportation Yard located at 1524 Woodland Avenue, Modesto, CA. The location of the primary local point of sale is as follows: Primary Location Street Address Distance from 1524 Woodland Ave (one way) Additional Local Points of Sale Other fuel dispensing sites in the local area eligible for use under this contract may be designated below. Designation of additional local points of sale is optional. If no additional local points of sale are available, please specify None. Additional Location 1 Street Address, City, State Additional Location 2 Street Address, City, State Additional Location 3 Street Address, City, State Please attach a separate sheet if more than three (3) additional locations are to be designated as Additional Local Points of Sale. Non-Local Points of Sale If the contractor is a member of a sales network utilizing the card lock system cards issued to Modesto City Schools under this agreement, additional fuel may be made from non-local points of sale. Please designate one of the following options: Fuel purchases from non-local points of sale are available utilizing card-lock system cards through the following network (optional): Network Name and Description of Area Served by Network Fuel purchases from non-local points of sale are not available to the District (Optional - designating this alternative will not detract from possibility of contract award). Bid No Gasoline & Diesel Fuel Page 16

17 Attachment C Modesto City Schools BID NO GASOLINE AND DIESEL FUEL BID PRICING SHEET (Must be completed and returned with bid.) We, the Company, declare that we have carefully examined Bid No and propose to furnish products and/or services in full accordance with the terms and conditions specified herein. We hereby offer to provide the District with the specified fuel at the following differential cost above the unbranded daily average of prices quoted for the Stockton, CA market by the Oil Price Information Service (taxes excluded). CARD-LOCK FUELING SERVICES: FOR FUEL PURCHASED LOCALLY OPIS Price Differential ($0.000 per gallon) CIRCLE ONE: Unleaded Fuel $ above (+) or below (-) OPIS (not less than 87 octane) CIRCLE ONE: Ultra Low Sulfur Diesel $ above (+) or below (-) OPIS Signature Printed Signature Title Date Bid No Gasoline & Diesel Fuel Page 17

18 Attachment D Modesto City Schools BID NO GASOLINE AND DIESEL FUEL PERFORMANCE REFERENCES (Complete and Return with Bid) Please furnish the names of at least three (3) agencies served by the Bidder within the past three (3) years with requirements similar to the needs of Modesto City Schools. Client 1: Address: Contact Person: Phone: Fax: Address: Client 2: Address: Contact Person: Phone: Fax: Address: Client 3: Address: Contact Person: Phone: Fax: Address: Bid No Gasoline & Diesel Fuel Page 18

19 Attachment E Modesto City Schools BID NO GASOLINE AND DIESEL FUEL QUESTIONNAIRE AND REQUESTED INFORMATION (YOUR RESPONSES MAY BE SUBMITTED ON A SEPARATE SHEET) (Must be completed and returned with bid.) 1) Please describe the process for which initial fuel cards and replacement cards will be provided. 2) Please list the types of standard reports your company has to offer pertaining to card lock usage and attach a sample of each report. 3) Please provide a detailed description of the services available at each site; including the number of islands and the number of nozzles for each type of fuel currently at each island. 4) Please provide a sample invoice. Bid No Gasoline & Diesel Fuel Page 19

20 Attachment F In accordance with Public Contract Code 7106, the following Affidavit must be executed by Bidder and submitted with bid. State of California County of Stanislaus "Non-Collusion Affidavit being first duly sworn, deposes and says that he or she is (Owner) of the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal." Date Company Name Address Authorized Representative s Signature Authorized Representative s Printed Name Authorized Representative s Title City, State, Zip Bid No Gasoline & Diesel Fuel Page 20

21 CHECKLIST OF DOCUMENTS TO BE RETURNED WITH BID Bid Signature Page (Attachment A - Page 15) Designation of Local Point of Sale (Attachment B - Page 16) Bid Pricing Sheet (Attachment C - Page 17) Performance References (Attachment D - Page 18) Questionnaire and Requested Information (Attachment E Page 19) Non-Collusion Affidavit (Attachment F Page 20) Note: Receipt of any and all addenda must be acknowledged in the space provided on the Bid Signature Page (Page 15). Bid No Gasoline & Diesel Fuel Page 21