HomeMy WebLinkAboutClean Energy Product Requirements Contract- Bid 12400370 - 2-14-24
GSD-S Formal Bid RC – Product (08-2023)
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PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY
OF FRESNO, a California municipal corporation (City), and Clean Energy, a California
Corporation (Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to
Bidders," "Bid Proposal," and the "Specifications" including "General Conditions",
"Special Conditions" and "Technical Specifications" for the following: Product
Requirements Contract for Liquid Natural Gas (LNG) Fuel (Bid File No. 12400370)
copies of which are annexed hereto, together with all the drawings, plans, and documents
specifically referred to in said annexed documents, and are hereby incorporated into and
made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the estimated monetary consideration of TWO MILLION FIFTY-
NINE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($2,059,500.00), as
set forth in the Bid Proposal, the Contractor promises and agrees to furnish or cause to
be furnished, in a new and working condition, and to the satisfaction of the City, and in
strict accordance with the Specifications, all of the items as set forth in the Contract
Documents.
3. PAYMENT. The City accepts the Contractor's Bid Proposal as stated and
agrees to pay the consideration stated, at the times, in the amounts, and under the
conditions specified in the Contract Documents. The Contractor agrees to accept
electronic payment from the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, including
California Civil Code section 2782 (if applicable), the Contractor shall indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents, and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including, but not limited to personal injury, death
at any time and property damage) incurred by the City, the Contractor or any other person,
and from any and all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses, and costs to enforce this Contract), arising or alleged
to have arisen directly or indirectly out of performance of this Contract. The Contractor's
obligations under the preceding sentence shall apply regardless of whether the City or
any of its officers, officials, employees, agents, or volunteers are passively negligent, but
shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
by the active or sole negligence, or by the willful misconduct, of the City or any of its
officers, officials, employees, agents, or volunteers.
If the Contractor should subcontract all or any portion of the work to be performed
under this Contract, the Contractor shall require each subcontractor to indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
[Signatures follow on the next page.]
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
GSD-S Formal Bid RC – Product (08-2023)
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by the City shall be subsequent
to that of the Contractor’s, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales, Purchasing Manager
General Services Department
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
No signature of City Attorney required.
Standard Document #GSD-S Formal
Bid RC – Product (08-2023) has been
used without modification, as certified by
the undersigned.
By:
Tamra Torrence
Senior Procurement Specialist
General Services Department
City address:
City of Fresno
Attention: Fleet Management,
Parts Dept.
2101 G Street Bldg. F
Fresno, CA 93706
Clean Energy,
a California Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
2/13/2024
CFO
Robert M. Vreeland
Chief Operating Officer & Corp. Secretary
2/13/2024
Mitchell W. Pratt
2/14/2024
2/14/2024
2/14/2024
RC PRODUCTS 1.1 Rev. 05-2021
GENERAL SERVICES DEPARTMENT
PURCHASING DIVISION
BID SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 12400370
Table of Contents
NOTICE INVITING BIDS .................................................................................................................. 1.2
INSTRUCTIONS TO BIDDERS ........................................................................................................ 1.3
BIDDER’S CHECKLIST .................................................................................................................... 1.7
BID PROPOSAL ............................................................................................................................... 1.8
TIME PERIOD TO AWARD/REJECT BIDS. ................................................................................... 1.10
BID DEPOSIT ................................................................................................................................. 1.11
CERTIFICATION FOR LOCAL PREFERENCE .............................................................................. 1.12
SIGNATURE PAGE ........................................................................................................................ 1.14
CONTRACT DOCUMENT .............................................................................................................. 1.17
GENERAL CONDITIONS ................................................................................................................. 2.0
FEDERAL REQUIREMENTS ........................................................................................................... 3.0
SPECIAL CONDITIONS ................................................................................................................... 4.0
TECHNICAL SPECIFICATIONS ....................................................................................................... 5.0
EXHIBIT “X”, IF APPLICABLE .......................................................................................................... 6.0
Procurement Specialist: Tamra Torrence
PHONE (559) 621-1153 or 621-1332
FAX: (559) 457-1244
SCHEDULED BID OPENING: OCTOBER 31, 2023
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RC PRODUCTS 1.2 Rev. 05-2021
NOTICE INVITING BIDS
Electronic bids will be received at the office of the Purchasing Manager of the City of Fresno for the
following:
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 12400370
all in accordance with the plans and/or specifications, delivered F.O.B. DESTINATION, FREIGHT
PREPAID AND ALLOWED, to CITY OF FRESNO, 2101 G STREET, FRESNO, CALIFORNIA 93706.
Specifications and bid proposal forms for these items can be downloaded at the City’s online
website at:
http://www.fresno.gov/purchasing/, “Bid Opportunities”.
Bids can be submitted electronically via Planet Bids only.
This Contract will be used primarily by the Fleet Management Division. The Contract term is for TWO
(2) year(s), with provisions for THREE (3) ONE-year extensions.
Bid Proposals must be filed electronically using Planet Bids prior to the bid opening at 3 p.m. on
Tuesday, October 31, 2023, when the bids will be publicly opened and recorded. Electronically filed is
defined as by means of electronic equipment or devices. Join the bid opening meeting at
https://zoom.us/j/92047244398 or call (669) 900-9128, meeting ID 920 4724 4398.
All proposals must be made on the Bid Proposal Form provided by the Purchasing Manager. A Bid
Deposit, which can be provided separately, in the amount of TEN PERCENT (10%) of the Total Net
Bid Amount (or, in bids with Add Alternates, the highest possible combination of the Base Bid Plus
Add Alternates) in the form of a certified or cashier's check, an irrevocable letter of credit, or a certificate
of deposit or a bidder's bond executed by a corporate surety, admitted by the California Insurance
Commissioner to do business in California, payable and acceptable to the City of Fresno; or the Bidder
shall have registered with the Purchasing Manager of the City an annual bid bond sufficient to provide
coverage in such amount. Bid Deposits will be refunded after a Contract has been executed with the
successful Bidder or all bids have been rejected. Copies of Bid Deposits may be submitted
electronically, with the exception of a certified or cashier’s check, which must be brought to the
Purchasing Manager’s office and labeled accordingly with bid number prior to the bid opening.
The City of Fresno hereby notifies all Bidders that no person shall be excluded from participation in,
denied any benefits of, or otherwise discriminated against in connection with the award and
performance of any contract on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or
on any other basis prohibited by law.
Services of an interpreter and additional accommodations can be made available. Requests for
accommodations should be made at least five working days but no later than 48 hours prior to the
scheduled meeting/event. Please contact the Procurement Specialist listed on the cover at 559-621-
1332 or through the Questions and Answers field on Planet Bids.
The City reserves the right to reject any and all bids.
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RC PRODUCTS 1.3 Rev. 05-2021
INSTRUCTIONS TO BIDDERS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 12400370
BID PROPOSALS WILL BE CONSIDERED FOR AWARD ONLY IF THE BIDDER HAS COMPLIED
WITH THE FOLLOWING:
Bid Proposals shall be submitted on the forms furnished by the Purchasing Manager, with all documents
listed on the Bidder's Checklist, completely filled out, properly signed by the Bidder and electronically
filed utilizing Planet Bids prior to the date and time specified in the Notice Inviting Bids, when all bids
will be publicly opened and recorded. Bids received at 3:00 p.m. or after will not be accepted. The
time stamp in the Purchasing Division will be the official clock for documenting the time of filing.
Electronically filed is defined as by means of electronic equipment or devices.
A Bid Deposit has been made in accordance with either paragraph (a) or paragraph (b). A bid without
a proper Bid Deposit will be automatically rejected. Note: Company Checks are NOT acceptable
(a) BID DEPOSIT. Bidders must submit a Bid Deposit, which may be provided separately, in
the amount of TEN PERCENT (10%) of the Total Net Bid Amount (or, in bids with Add
Alternates, the highest possible combination of the Base Bid plus Add Alternates) with their
Bid Proposal. Such Bid Deposit shall be in the form of a certified or cashier's check, an
irrevocable letter of credit or a certificate of deposit payable to the City of Fresno, or a
bidder's bond executed by a corporate surety, admitted by the California Insurance
Commissioner to do business in California, payable and acceptable to the City of Fresno.
Such Deposit shall be retained by the City of Fresno as a guarantee that the Bidder, if
awarded all or part of the Contract, will within 15 calendar days (except in the event federal
funding is applicable to this Contract, then 10 working days) from the date the Notice of
Award is mailed to the Bidder, execute and return a Contract furnished by the City. No Bid
Deposits will be returned to Bidders until either a Contract has been executed for all items
awarded, or all bids have been rejected. Bid bonds will not be returned, except upon
Bidder’s written request. Copies of Bid Deposits may be submitted electronically, with the
exception of a certified or cashier’s check, which must be brought to the Purchasing
Manager’s office and labeled accordingly with bid number prior to the bid opening.
(b) ANNUAL BIDDERS BOND. If the Bidder contemplates submitting bids from time to time
during a period of one (1) year for the furnishing of certain materials, supplies or services
to the City of Fresno, the Bidder may cover all such bids by a single Annual Bidder's Bond
instead of a separate bond for each bid. If such an Annual Bidder's Bond is registered with
the Purchasing Manager of the City of Fresno, and is currently valid, it shall be deemed to
accompany each and every bid submitted, provided such bond is in a sufficient amount to
provide the required Deposit for all of the Bidder's proposals then outstanding. It shall be
stated upon the Bid Proposal that such an Annual Bidder's bond is registered with the
Purchasing Manager of the City of Fresno.
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RC PRODUCTS 1.4 Rev. 05-2021
CONTRACT DEFINITIONS. Attention of Bidders is especially directed to all provisions of the Contract
Documents as defined in the GENERAL CONDITIONS.
QUESTIONS, CLARIFICATIONS AND CONCERNS. The Specifications describing this
project/purchase have been carefully prepared. Any questions or concerns relating to these
Specifications shall be directed in writing to the designated Procurement Specialist of the
Purchasing Division (see cover page) and may be submitted electronically. By utilizing the
Questions and Answers field on Planet Bids.
Questions will be accepted only up to 5 working days prior to the bid opening date to allow the
City, if necessary, to issue an addendum to all bidders stating revisions, deletions, or additions to be
made to the Specifications as a result of any questions. If questions arise after the deadline, please
contact the designated Procurement Specialist, but the City will not guarantee a response.
The City will not be responsible for verbal responses made by parties other than the Purchasing
Manager or her/his designee.
CONTACTS WITH CITY STAFF. Before an award is made, any contact with City staff, other than the
Purchasing Manager or his/her designee(s), without prior written authorization is strictly prohibited and
may render the Bidder non-responsible.
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE. The
Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4 of the Fresno
Municipal Code) became effective May 7, 2004. With certain specified exceptions, the Ordinance
provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage in, or
continue any communication to or with any City elected official concerning or touching upon any matter
which is the subject of this competitive procurement process.
Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in,
continues in, or receives any regulated communication shall file the written disclosure required by the
Regulated Communications in City Procurement Process Ordinance.
Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement
Process Ordinance may be disqualified from participating in this procurement process and/or
determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to
its execution, to a party found to have violated the Ordinance.
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s website
at, http://www.fresno.gov. Under “Departments”; “General Services”; “Purchasing Division”, “Municipal
Code”, Or view the ordinance directly at:
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH4CIPUCOS
A_ART6RECOELOFPRPR
LOCAL PREFERENCE. Fresno Municipal Code Section 4-108 LOCAL PREFERENCE IN
CONTRACTS REQUIRING COMPETITIVE BIDDING provides for a local preference. Portions
pertinent to materials, supplies and/or equipment contracts are paraphrased as follows:
Except for those Contracts funded by the federal or state government when such funding would
be jeopardized because of this preference, the Council authorizes the Purchasing Manager to
extend a preference to a local business as expressly set forth herein.
Fresno Municipal Code section 4-108(a): For purposes of this section, “local business” shall
mean a business with a fixed primary or branch office either (i) within a twenty-five mile radius
of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, or (ii) within the County
of Fresno; and which fixed primary or branch office was established prior to the City inviting bids
for the respective purchase. The Purchasing Manager, in the evaluation of any and all sealed
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
RC PRODUCTS 1.5 Rev. 05-2021
bids for materials, supplies and/or equipment pursuant to this section whenever the lowest
responsive and responsible bid exceeds five hundred thousand dollars ($500,000), shall extend
a five percent (5%) preference to a local business in award of the Contract as determined
in subdivision (i) of “Extension of the Preference” below.
Fresno Municipal Code section 4-108(b): For purposes of this section, “local business” shall
mean a business (i) having a total of one hundred or fewer employees, an average annual gross
receipts of twelve million dollars ($12,000,000.00) or less over the three calendar years
immediately prior to the year in which city is inviting bids for the respective purchase, and having
a valid small business certification issued by the State of California; (ii) with a fixed primary or
branch office either within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno
Street in the City of Fresno, or within the County of Fresno; and (iii) which fixed primary or branch
office was established prior to the city inviting bids for the respective purchase. The Purchasing
Manager, in the evaluation of any and all sealed bids for materials, supplies and/or equipment
pursuant to this section whenever the lowest responsive and responsible bid is less than or equal
to five hundred thousand dollars ($500,000), shall extend a five percent (5%) preference to a
local business in award of the Contract as determined in subdivision (i) of “Extension of
the Preference” below.
Extension of the Preference: The preference under both Fresno Municipal Code sections
4-108(a) and (b) shall be extended consistent with each of the following:
(i) The amount of the preference shall be equal to the amount of 5% applied to the lowest
responsive and responsible bid; provided, however, in no event shall the amount of the
preference exceed the sum of $75,000.
(ii) If the Bidder submitting the lowest responsive and responsible bid is not a local
business, and if a local business has also submitted a responsive and responsible bid,
and, with the benefit of the preference, the local business’ bid is equal to or less than
the original lowest responsive and responsible bid, the City shall award the Contract to
the local business at its submitted bid price.
(iii) The Bidder shall certify, under penalty of perjury, that the Bidder qualifies as a local
business. The preference is waived if the certification does not appear on the bid.
Bidders shall submit the CERTIFICATION FOR LOCAL PREFERENCE form with their bid if they seek
the benefit of local preference.
APPROVED EQUALS. For equipment and material purchases, where brand name/model are
specified, the City reserves the right to evaluate any product or type of equipment offered on the Bid
Proposal and to determine acceptability as an "approved equal."
1. All Bid Proposals must be accompanied with pertinent information that provides sufficient
technical data to evaluate the item(s) offered. The information may consist of manufacturer’s
literature, specifications, drawings (to scale), sketches (to proportion) performance data, etc.,
where same is necessary to completely describe the product.
2. The decision of acceptability as an "approved equal" shall be within the sole discretion of the
City. If approval as an equal is denied by the City, Contractor shall provide one of the
manufacturers/brands listed in the Specifications without change in the Contract price.
3. Bidder shall contact the designated Procurement Specialist in the Purchasing Division and
submit Exhibit X at least seven (7) days prior to the scheduled bid opening.
EXCEPTIONS. Any exceptions taken at the time of or after bid submittal, may render the bid
nonresponsive. Attachments by Bidders which include legal terms and conditions that conflict with the
GENERAL CONDITIONS may be considered an exception, and Bidder may, therefore, be considered
nonresponsive.
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RC PRODUCTS 1.6 Rev. 05-2021
BID APPEAL PROCEDURE. The City has an appeal procedure in place as adopted by the City Council
on April 29, 2003 in Resolution No. 2003-129. Any bidder wishing to file an appeal should refer to that
Resolution. A copy of the Resolution may be obtained from the City Clerk's Office, 2600 Fresno Street,
Fresno, CA 93721.
Once City staff has reviewed and evaluated the bid proposals received and has determined the lowest
responsible Bidder for award, that determination will be posted on a public bulletin board outside the
Purchasing Division’s Office and on the City’s website www.fresno.gov, Departments, General
Services, Purchasing, Anticipated Formal Bid Award, a minimum of 5 working days prior to Council
action to award a Contract for the project/purchase. The bulletin board and website will generally be
updated by Monday of each week, no later than 5 p.m. It is the sole responsibility of interested bidders
to seek this information from either of these sources.
Should bidders wish to appeal the staff determination, appeals must be received in writing within 5
working days from the time the determination is posted and conform to the requirements under
Resolution No. 2003-129. "Working day" means a City of Fresno regular business day. In no event will
appeals be accepted later than 5:00 p.m. on the day before Council is scheduled to take action on the
Contract award. Appeals must be submitted to following:
City of Fresno Purchasing Division
2101 G Street, Bldg. A
Fresno, CA 93706
Fax number (559) 457-1564
Letters of appeal must clearly state why it is felt the staff's determination of bid award is to someone
other than the lowest responsive and responsible Bidder, or outside the procedural requirements for
the submission and opening of bids.
Appeals not submitted within the stated time will not be honored and the City will proceed to award the
Contract.
DEBARMENT. A Bidder may be debarred from bidding or proposing upon or being awarded any
contract with the City, or from being a subcontractor or supplier at any tier upon such contract, in
accordance with the procedures in Fresno Municipal Code Section 4-104 adopted by Council on May
17, 2018. The initial period of any such debarment shall not be less than one year and may be
permanent depending on the violation. A Bidder may request a hearing, in accordance with Fresno
Municipal Code Section 4-104, upon receipt of a notice of proposed debarment from the City Manager
or designee. A copy of the ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street,
Fresno, California 93721.
ADA. Accessibility Requirements: Supplier warrants that it complies with California and federal
disabilities laws and regulations; and the Services will conform to the accessibility requirements of
WCAG 2.0AA. Supplier agrees to promptly respond to and resolve any complaint regarding accessibility
of its Services. The City may require bidder to comply with these accessibility requirements if they are
awarded a contract.
ACH Payment Initiative-Electronic Payment. Contractor shall provide complete and accurate billing
invoices in order to receive payment. Billing invoices submitted must contain all information and
supporting documentation required by the contract. Payment for invoices submitted by the contractor
shall only be rendered electronically unless payment by paper check is expressly authorized by the
Controller, in the Controller’s sole discretion, due to extenuating circumstances. Such electronic
payment shall be made in accordance with ordinary City procedures and practices. The contractor shall
comply with the Controller’s procedures to authorize electronic payments. Contractor acknowledges
that it will not receive payment on any invoices submitted under this Contract if it does not comply with
the Controller’s electronic payment procedures, except where the Controller has expressly authorized
payment by paper check as set forth above.
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RC PRODUCTS 1.7 Rev. 05-2021
BIDDER’S NAME:
(Submit with Bid Proposal)
BIDDER’S CHECKLIST
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 12400370
SUBMIT THIS BIDDER'S CHECKLIST WITH YOUR BID DOCUMENTS. Bidders shall complete and
submit all documents marked with an "X" in the "REQUIRED" column. Documents required on the
checklist but not included may render your bid nonresponsive and ineligible for award. Bids received by
the City by the scheduled bid opening time will be opened and publicly read but are subject to verification
that all the required documents have been submitted. Copies of Bid Deposits may be submitted
electronically, with the exception of a certified or cashier’s check, which must be brought to the
Purchasing Manager’s office and labeled accordingly with bid number prior to the bid opening.
REQUIRED
[X] 1. BID PROPOSAL PAGES 1.8 through 1.9.
[X] 2. BID DEPOSIT attached to front of Proposal or submitted electronically in the form of:
[ ] Certified Check [ ] Bidder’s Bond
[ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder’s Bond
Note: Company Checks are NOT acceptable
[X] 3. CERTIFICATION FOR LOCAL PREFERENCE, if applicable, page 1.12.
[X] 4. ACH PAYMENT INITIATIVE – ELECTRONIC PAYMENT, page 1.13.
[X] 5. SIGNATURE PAGES 1.14 and 1.15.
[X] 6. ADDENDA - Signature page of all Addenda issued, if applicable.
Addenda No. _____ to _____ (Enter numbers).
[X] 7. LITERATURE/STANDARD WARRANTY. As required on page 5.0, paragraph (d), any
applicable manufacturer's Published Price List or website, and two copies, if attached to
paper copy, of the manufacturer's descriptive literature and specifications or website,
including a copy of the manufacturer's standard warranty.
SUBMITTED BY:
Name of Company Contact Name
Address City State Zip
Phone No. Fax No.
E-Mail Address: _________________________________________________________________
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RC PRODUCTS 1.8 Rev. 05-2021
BIDDER'S NAME:
BID PROPOSAL
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 12400370
TERM OF CONTRACT The Contract shall be in effect for TWO (2) year(s) from the date of the Notice
to Proceed. The Contract may be extended in accordance with the provisions set forth in the Special
Conditions of these Specifications.
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Bidder hereby proposes to furnish to the City of Fresno, in accordance with the
Specifications annexed hereto and made a part hereof, the following item(s) delivered F.O.B.
Destination, Freight Prepaid & Allowed, to the jobsite(s) as specified in the Special Conditions
of these Specifications, and at the prices set forth in the following bid item(s):
Note: All unit pricing listed below shall be listed per LNG gallon. Bid item 1 is for evaluation purposes
only.
BID
ITEM QTY DESCRIPTION UNIT PRICE TOTAL PRICE
1 3,000,000 gal SoCal Border Price for Spot Gas
Delivered to Pipelines per
MMBtu/12.104
$1.00/Gal*
$3,000,000.00
2 3,000,000 gal Discount % below SoCal
Price for Spot Gas Delivered to
Pipelines per MMBtu/12.104
$
$
($0.00 Assumed
if Blank)
(Dollar Figure
Price/Gallon)
3 3,000,000 gal Liquefaction (excludes freight,
taxes, export/import tariffs)
$
$
4 3,000,000 gal Bid price for freight to transport
average 9,500 gallon tanker
loads. $
$
5 3,000,000 gal Bid price for California
Compliance Allowance cost per
Gal.
$ $
SUBTOTAL: $
Less early payment discount of % for
payment within days (minimum 15 days)
from receipt of invoice by City of Fresno $
Continued
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RC PRODUCTS 1.9 Rev. 05-2021
BIDDER'S NAME:
The Total Net Bid Amount is
________________________________________ Dollars and ______________________ Cents.
Completion of Bid Proposal Form to be Eligible for Award. Bidders must bid
all bid items within a section (including any Alternates). The Bidder is non-
responsive and ineligible for award in the event Bidder fails to initial this paragraph
on the line provided and completely fill in the Bid Proposal Form including, without
limitation, all dollar amounts, and information called for on this Bid Proposal Form.
By his/her initials to the right hereof, Bidder represents he/she has read and
understands the consequences of not completely filling in this Bid Proposal Form.
Initial
The quantities listed on the Bid Proposal page(s) are estimates for the initial term, shown for bidding
purposes only. The actual requirement of the City may be more or less than the quantities specified.
The City will pay for only those items which it actually orders during the term of the Contract.
*Bid Item 1 has been determined to be $1.00 per LNG gallon as noted in the “Technical Specifications,”
page 5.0. The unit price is set for all Bidders as a theoretical SoCal Border Index commodity price and
is not necessarily the price to be used in calculating the price charged to the City.
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RC PRODUCTS 1.10 Rev. 05-2021
BIDDER'S NAME:
(Submit with Bid Proposal)
CONTRACT QUANTITIES. The City reserves the right to increase or decrease quantities in
accordance with available funds as appropriated by the City Council. If the City Council has not
appropriated funds or sufficient funds are not available to complete the purchase, the City reserves the
right to decrease quantities to stay within the budget limitations.
QUANTITIES FOR BIDDING PURPOSES. The quantities listed on the Bid Proposal page are shown
for bidding purposes only. The actual requirement of the City may be more or less than the specified
estimated quantities. The City will acquire its needs from the successful Bidder during the term of the
Contract and will pay for only those quantities it actually orders and receives.
ADDENDA. The City makes a concentrated effort to ensure any addenda issued relating to these
specifications are distributed to all interested parties. It shall be the Bidder's responsibility to inquire as
to whether any addenda to the Specifications have been issued. Upon issuance by the City, all
Addenda are part of the Bid Proposal. Signing the Bid Proposal on the signature page thereof shall
also constitute signature on all Addenda.
PRECEDENCE OF BID PRICES. In the event of discrepancies between the bid total, summaries of
totals and unit price extensions, the unit price correctly extended will control over the summaries of
totals, and the summaries of totals correctly added will control over the total, whether the summaries of
totals are extended unit prices or lump sums.
RIGHT TO REJECT ANY AND ALL BIDS. The City reserves the right to reject any and all bids.
TIME PERIOD TO AWARD/REJECT BIDS. The undersigned Bidder agrees that the City may have
NINETY (90) DAYS from the date bids are opened to accept or reject this Bid Proposal. It is further
understood that if the Bidder to whom any award is made fails to enter into a Contract as provided in
the Specifications, award may be made to the next lowest responsive and responsible Bidder, who shall
be bound to perform as if he/she had received the award in the first instance. No Bid Proposal may be
withdrawn prior to award within that time.
AWARD OF CONTRACT. When bids are submitted to the Council, the award will be made to the
lowest responsive and responsible bidder, subject to the right to reject any and all bids, pursuant to
Fresno Municipal Code section 4-102.
MINOR IRREGULARITIES. The City of Fresno reserves the right to waive any informality or minor
irregularity that does not have a monetary consideration when it is in the best interest of the public and
of the City to do so. A discrepancy that offers a Bidder an unfair advantage will cause the bid to be
nonresponsive.
TIEBREAKER. In the event a tiebreaker is needed to establish the lowest responsive and responsible
Bidder, the City shall, unless otherwise agreed upon by all participating parties, utilize a coin toss as a
tiebreaker to be administered by a third party chosen by mutual consent of the participants. Such coin
toss shall take place within 7 working days from the date of bid opening. If the City determines that a
tiebreaker is necessary, each applicable Bidder agrees to participate or to indemnify the City in any
litigation resulting from the utilization of the tiebreaker. If a Bidder refuses to timely participate, the City
shall conduct the coin toss in a manner determined by the City to be fair to all and the results of such
coin toss shall be final.
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RC PRODUCTS 1.11 Rev. 05-2021
BIDDER’S NAME:
(Submit with Bid Proposal)
BID DEPOSIT
Accompanying this bid proposal is a Bid Deposit in the amount of TEN PERCENT (10%) of the Total
Net Bid Amount (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus
Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
Copies of Bid Deposits may be submitted electronically, with the exception of a certified or cashier’s
check, which must be brought to the Purchasing Manager’s office and labeled accordingly with bid
number prior to the bid opening.
Note: Company Checks are NOT acceptable
Bid Deposit is deposited by the undersigned Bidder with the City of Fresno as a guarantee that the
Bidder, if awarded all or part of the Contract, will, within 15 calendar days (except in the event federal
funding is applicable to this Contract, then 10 working days) from the date the Notice of Award is mailed
to the Bidder, execute and return a Contract furnished by the City. If the Deposit is in the form of an
Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must
be in the amount of TEN PERCENT (10%) of the Total Net Bid Amount (or, in bids with Add Alternates,
the highest possible combination of the Base Bid plus Add Alternates).
Such Deposit is made with the understanding that failure to execute such Contract will result in damage
to the City, that the amount of such damage would be difficult to determine and that in the event of such
default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount
of the obligation thereof, but not more than the above stated amount, shall thereupon be due and
payable to the City of Fresno as liquidated damages for such default, payment of said amount to be the
joint and several obligation of the Bidder and the corporate surety.
BUSINESS LOCATION
( ) The undersigned Bidder does not maintain a place of business in the City of Fresno.
( ) The undersigned Bidder maintains a place of business in the City of Fresno at:
Fresno, CA .
BUSINESS LICENSE
( ) The undersigned bidder has a current City of Fresno Business License Number:
.
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RC PRODUCTS 1.12 Rev. 05-2021
BIDDER’S NAME:
(Submit with Bid Proposal, if applicable)
CERTIFICATION FOR LOCAL PREFERENCE
PRODUCT REQUIREMENTS CONTRACT FOR:
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 12400370
We certify that we qualify as a local business pursuant to Fresno Municipal Code section 4-108(a).
Location of Business: Primary Office [ ]
Please provide street address Branch Office [ ]
(PO Box is not acceptable) (Please mark as applicable)
Address:
Phone:
****************************************************************************************************
We certify that we qualify as a local business pursuant to Fresno Municipal Code section 4-108(b).
Location of Business: Primary Office [ ]
Please provide street address Branch Office [ ]
(PO Box is not acceptable) (Please mark as applicable)
Address:
Phone:
Provide total number of employees (includes employees of fixed primary and any branch offices of
Bidder):
The average annual gross receipts over the previous three calendar years to the city inviting bids herein
(includes gross receipts of fixed primary and any branch offices of Bidder)
$
Small Business Certification issued by the State of California
Certification Number: Date of expiration:
The undersigned Bidder hereby declares under penalty of perjury under the laws of the State of
California that the information contained on this CERTIFICATION FOR LOCAL PREFERENCE is
correct and complete.
The above Certification is part of the Bid Proposal. Signing this Bid Proposal on
the signature page thereof shall also constitute signature of this Certification.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
RC PRODUCTS 1.13 Rev. 05-2021
(Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS
(ACH PAYMENT)
Company Contact Email
Name Address
(Required)
Contact Name Telephone Number
The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit entries to the
company above, (COMPANY), in the account below at the depository financial institution named below,
(DEPOSITORY), and to credit the same to such account. Company acknowledges that the origination of ACH
transactions to its account must comply with the provisions of U.S. law.
Depository
Name
Branch
City State Zip Code
Routing Account
Number Number
o ACH Authorization Agreement Form already on file with City.
This authorization is to remain in full force and effect until FINANCE DEPARTMENT has received written
notification of its termination. The FINANCE DEPARTMENT and DEPOSITORY have a reasonable time
to process the termination.
Name(s)
(Please print)
Signature Date
Title
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
RC PRODUCTS 1.14 Rev. 05-2021
(Submit with Bid Proposal)
SIGNATURE PAGE
By my signature on this Bid Proposal I certify, under penalty of perjury, that the foregoing statements,
pages 1.7 through 1.12, and those contained herein are true and correct.
BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.)
(1) ( ) ( )
Bidding Firm Phone Fax
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partnership
[ ] Other:
(3)
Business Address
City State Zip Code
(4) By:
Signature of Authorized Person
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:
INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued, if a license
is required. If the Bidder is a corporation, enter the exact name of the corporation under
which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual
operating under a trade name, enter name and dba (trade name in full); if a partnership,
enter the correct trade style of the partnership; if a joint venture, enter exact names of entities
joining in the venture.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of
incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address to which all communications and notices regarding the Bid Proposal and
any Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or
employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion
of one of the following certified by the secretary of the corporation, authorizing the officer or
employee to sign contracts (sample certification attached): a copy of the Articles of
Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing
the officer or employee to sign Contracts.
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RC PRODUCTS 1.15 Rev. 05-2021
(Submit with Bid Proposal)
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is
signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must
be on file with the City of Fresno prior to the time set for the opening of the bids or must be
submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners;
or by a general partner(s) authorized to sign Contracts on behalf of the partnership
evidenced by inclusion of either a copy of the Partnership Agreement or a recorded
Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers;
or by a joint venturer(s) authorized to sign Contracts on behalf of the joint venture evidenced
by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint
Venture; and if the joint venturer(s) is a corporation or a partnership signing on behalf of the
Joint Venture, then Paragraphs (a) and c) above apply respectively.
Where Bidder is a partnership or a corporation, the names of all other general partners, or
the names of the president and secretary of the corporation, and their business addresses
must be typewritten below:
NAME ADDRESS
NOTE: All addresses must be complete with street number, City, State and Zip
Code.
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RC PRODUCTS 1.16 Rev. 05-2021
SAMPLE CERTIFICATION
I, , certify that I am the secretary
Name
of the corporation named herein; that who signed this
Name
Bid Proposal on behalf of the corporation, was then of
Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was
duly signed for and on behalf of said corporation by authority of its governing body, as evidenced
by the attached true and correct copy of the
Name of Corporate Document
By:
Name:
Title: Secretary
Date:
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
RC PRODUCTS 1.17 Rev. 05-2021
CONTRACT DOCUMENT
(To be filed after award by successful Bidder)
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FIN 4.0
RC PRODUCTS 1.18 Rev. 05-2021
SAMPLE PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and [Contractors Name], [Legal Identity] (Contractor), as
follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid
Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical
Specifications" for the following: [Title] (Bid File No. [Number]) [Alternates (if any)] copies of which are
annexed hereto, together with all the drawings, plans, and documents specifically referred to in said
annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be
known as the Contract Documents.
2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT] DOLLARS
AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar Amount]), as set forth in the Bid Proposal, the
Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition,
and to the satisfaction of the City, and in strict accordance with the Specifications, all of the items as
set forth in the Contract Documents.
3. PAYMENT. The City accepts the Contractor's Bid Proposal as stated and agrees to pay
the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents. The Contractor agrees to accept electronic payment from the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code
section 2782 (if applicable), the Contractor shall indemnify, hold harmless and defend the City and each
of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to
personal injury, death at any time and property damage) incurred by the City, the Contractor or any
other person, and from any and all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses, and costs to enforce this Contract), arising or alleged to have arisen
directly or indirectly out of performance of this Contract. The Contractor's obligations under the
preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees,
agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused by the active or sole negligence, or by the willful misconduct, of
the City or any of its officers, officials, employees, agents, or volunteers.
If the Contractor should subcontract all or any portion of the work to be performed under this
Contract, the Contractor shall require each subcontractor to indemnify, hold harmless and defend the
City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms
of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
[Signatures follow on the next page.]
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RC PRODUCTS 1.19 Rev. 05-2021
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below
written, of which the date of execution by the City shall be subsequent to that of the Contractor’s, and
this Contract shall be binding and effective upon execution by both parties.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales, Purchasing Manager
General Services Department
Dated:
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Supv./Sr. Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
City address:
City of Fresno
Attention: [Name],
[Title]
[Street Address]
Fresno, CA [Zip]
[Contractor Name],
[Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
RC PRODUCTS 2. 0 Rev. 05-2021
CITY OF FRESNO SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 12400370
GENERAL CONDITIONS
1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Bidders and
the Bid Proposal, or any of the Contract Documents, the following words shall have the meaning herein
given, unless the context requires a different meaning.
(a) "Bidder" shall mean and refer to each person or other entity submitting a bid proposal,
whether or not such person or entity shall become a Seller by virtue of award of a Contract
by the City.
(b) "City," “Buyer,” “Owner,” "Vendee" and "City of Fresno" shall each mean and refer to the City
of Fresno, California.
(c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications,
including the Instructions to Bidders, the Bid Proposal and any addenda thereto, the
Agreement and other standard Specifications, City's Specifications and other papers and
documents incorporated by reference into or otherwise referred to in any of the foregoing
documents, whether or not attached thereto.
(d) "Contractor," Seller,” "Supplier" and "Contractor" shall each mean and refer to each person
or other entity awarded a Contract hereunder and named or to be named in the Agreement
with the City to furnish the goods or services, or both, to be furnished under the Contract.
(e) "Council" and "City Council" shall each mean and refer to the Council of the City.
(f) "Goods" and "Merchandise" shall each mean and refer to the equipment, material, article,
supply or thing to be furnished by the Seller under the Contract.
(g) "Purchasing Manager" shall mean and refer to the Purchasing Manager of the City.
(h) "Specifications" shall mean and refer to all of the Contract Documents.
(i) “Working day” shall mean and refer to City regular business day.
2. INSURANCE REQUIREMENTS:
(a) Throughout the life of this Agreement, CONTRACTOR shall pay for and maintain in full force
and effect all insurance as required herein with an insurance company(ies) either (i) admitted
by the California Insurance Commissioner to do business in the State of California and rated
no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in
writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion.
The required policies of insurance as stated herein shall maintain limits of liability of not less
than those amounts stated therein. However, the insurance limits available to CITY, its
officers, officials, employees, agents and volunteers as additional insureds, shall be the
greater of the minimum limits specified therein or the full limit of any insurance proceeds to
the named insured.
(b) If at any time during the life of the Agreement or any extension, CONTRACTOR or any of its
subcontractors fail to maintain any required insurance in full force and effect, all services
and work under this Agreement shall be discontinued immediately, and all payments due or
that become due to CONTRACTOR shall be withheld until notice is received by CITY that
the required insurance has been restored to full force and effect and that the premiums
DocuSign Envelope ID: 7D9D2457-A1C6-4164-9300-8B7403550115
RC PRODUCTS 2. 1 Rev. 05-2021
therefore have been paid for a period satisfactory to CITY. Any failure to maintain the
required insurance shall be sufficient cause for CITY to terminate this Agreement. No action
taken by CITY pursuant to this section shall in any way relieve CONTRACTOR of its
responsibilities under this Agreement. The phrase “fail to maintain any required insurance”
shall include, without limitation, notification received by CITY that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating that the insurer is
insolvent.
(c) The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or
diminish the liability of CONTRACTOR, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as a limitation upon the amount of indemnification to be provided by
CONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of CONTRACTOR, vendors, suppliers, invitees,
contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by
any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability
Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The
Commercial General Liability policy shall be written on an occurrence form and shall provide coverage
for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises
and operations (including the use of owned and non-owned equipment), products and completed
operations, and contractual liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability
coverage arising out of the ownership, maintenance or use of automobiles in the course of your
business operations. The Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any
Auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
MINIMUM LIMITS OF INSURANCE
CONTRACTOR shall procure and maintain for the duration of the contract insurance with limits of
liability not less than those set forth below. However, insurance limits available to CITY, its officers,
officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum
limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $2,000,000 per occurrence for bodily injury and property damage;
(ii) $2,000,000 per occurrence for personal and advertising injury;
(iii) $4,000,000 aggregate for products and completed operations; and,
(iv) $4,000,000 general aggregate applying separately to the work performed under the
Agreement.
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RC PRODUCTS 2. 2 Rev. 05-2021
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with statutory limits and
EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value
of the project with no coinsurance penalty provisions. (Only required if the project includes new
construction of a building, or renovation of, or addition to, an existing building.)
5. CONTRACTORS’ POLLUTION LEGAL LIABILITY with coverage for bodily injury, property
damage or pollution clean-up costs that could result from of pollution condition, both sudden and
gradual. Including a discharge of pollutants brought to the work site, a release of pre-existing pollutants
at the site, or other pollution conditions with limits of liability of not less than the following:
(i) $1,000,000 per occurrence; and,
(ii) $2,000,000 general aggregate per annual policy period.
(a) In the event this Agreement involves the transportation of hazardous material, either the
Commercial Automobile policy or other appropriate insurance policy shall be endorsed to
include Transportation Pollution Liability insurance covering materials to be transported by
CONTRACTOR pursuant to the Agreement.
UMBRELLA OR EXCESS INSURANCE
In the event CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet the
“Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage
than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall
also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials,
employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-insured
retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar
days written notice has been given to CITY, except ten (10) days for nonpayment of premium.
CONTRACTOR is also responsible for providing written notice to the CITY under the same terms and
conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new certificate and
applicable endorsements for such policy(ies). In the event any policy is due to expire during the work
to be performed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than seven (7) calendar days following to the expiration date
of the expiring policy.
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RC PRODUCTS 2. 3 Rev. 05-2021
(ii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured
for all ongoing and completed operations. The Commercial General endorsements must be as broad
as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General, Pollution and Automobile Liability insurance shall contain, or
be endorsed to contain, that the CONTRACTORS’ insurance shall be primary to and require no
contribution from the City. These coverages shall contain no special limitations on the scope of
protection afforded to City, its officers, officials, employees, agents and volunteers.
(v) If CONTRACTOR maintains higher limits of liability than the minimums shown above,
City requires and shall be entitled to coverage for the higher limits of liability maintained by
CONTRACTOR.
(vi) Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of
Liability of these polices will be twice the above stated limits.
(vii) All policies of insurance shall contain, or be endorsed to contain, a waiver of subrogation
as to CITY, its officers, officials, agents, employees and volunteers.
(viii) The Builder’s Risk Insurance shall have the policy endorsed to provide the City of Fresno
to be named as a Loss Payee.
PROVIDING OF DOCUMENTS
CONTRACTOR shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required herein All certificates and applicable endorsements are to be received and approved
by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before
work commences. All non-ISO endorsements amending policy coverage shall be executed by a
licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately
furnish CITY with a complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of the original
policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors
working under the direction of CONTRACTOR shall also be required to provide all documents noted
herein.
SUBCONTRACTORS
If CONTRACTOR subcontracts any or all of the services to be performed under this Agreement,
CONTRACTOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s)
to enter into a separate Side Agreement with the City to provide required indemnification and insurance
protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor
must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is
required, CONTRACTOR will be solely responsible for ensuring that its subcontractors maintain
insurance coverage at levels no less than those required by applicable law and is customary in the
relevant industry.
3. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code
section 2782, CONTRACTOR shall indemnify, defend and hold harmless CITY and each of its officers,
officials, employees, agents, and volunteers from any and all claims, demands, actions in law or equity,
loss, liability, fines, penalties, forfeitures, interest, costs including legal fees, and damages (whether in
contract, tort, or strict liability, including but not limited to personal injury, death at any time, property
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RC PRODUCTS 2. 4 Rev. 05-2021
damage, or loss of any type) arising or alleged to have arisen directly or indirectly out of (1) any voluntary
or involuntary act or omission, (2) error, omission or negligence, or (3) the performance or non-
performance of this Contract . CONTRACTOR'S obligations as set forth in this section shall apply
regardless of whether CITY or any of its officers, officials, employees, agents, or volunteers are
passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers,
officials, employees, agents or volunteers.
To the fullest extent allowed by law, and in addition to the express duty to indemnify, CONTRACTOR,
whenever there is any causal connection between the CONTRACTOR’s performance or non-
performance of the work or services required under this Contract and any claim or loss, injury or damage
of any type, CONTRACTOR expressly agrees to undertake a duty to defend CITY and any of its
officers, officials, employees, agents, or volunteers, as a separate duty, independent of and broader
that the duty to indemnify. The duty to defend as herein agreed to by CONTRACTOR expressly includes
all costs of litigation, attorneys’ fees, settlement costs and expenses in connection with claims or
litigation, whether or not the claims are valid, false or groundless, as long as the claims could be in any
manner be causally connected to CONTRACTOR as reasonably determined by CITY.
Upon the tender by CITY to CONTRACTOR, CONTRACTOR shall be bound and obligated to assume
the defense of CITY and any of its officers, officials, employees, agents, or volunteers, including the a
duty to settle and otherwise pursue settlement negotiations, and shall pay, liquidate, discharge and
satisfy any and all settlements, judgments, awards, or expenses resulting from or arising out of the
claims without reimbursement from CITY or any of its officers, officials, employees, agents, or
volunteers.
It is further understood and agreed by CONTRACTOR that if CITY tenders a defense of a claim on
behalf of CITY or any of its officers, officials, employees, agents, or volunteers and CONTRACTOR
fails, refuses or neglects to assume the defense thereof, CITY and its officers, officials, employees,
agents, or volunteers may agree to compromise and settle or defend any such claim or action and
CONTRACTOR shall be bound and obligated to reimburse CITY and its officers, officials, employees,
agents, or volunteers for the amounts expended by each in defending or settling such claim, or in the
amount required to pay any judgment rendered therein.
The defense and indemnity obligations set forth above shall be direct obligations and shall be separate
from and shall not be limited in any manner by any insurance procured in accordance with the insurance
requirements set forth in this Contract. In addition, such obligations remain in force regardless of
whether CITY provided approval for, or did not review or object to, any insurance CONTRACTOR may
have procured in accordance with the insurance requirements set forth in this Contract. The defense
and indemnity obligations shall arise at such time that any claim is made, or loss, injury or damage of
any type has been incurred by CITY, and the entry of judgment, arbitration, or litigation of any claim
shall not be a condition precedent to these obligations.
The defense and indemnity obligations set forth in this section shall survive termination or expiration of
this Contract.
If CONTRACTOR should subcontract all or any portion of the work to be performed under this Contract,
CONTRACTOR shall require each subcontractor to Indemnify, hold harmless and defend CITY and
each of its officers, officials, employees, agents and volunteers in accordance with the terms as set
forth above.
4 WORKMANSHIP GUARANTY: The workmanship of the goods or services provided to the City
by the Contractor will be in accordance with generally accepted standards.
5. WARRANTY: For the purchase of equipment and material, the Contractor, unless otherwise
provided in the Specifications, shall guarantee all items furnished in accordance with the standard
guarantee offered by the manufacturer to cities and consumers of the product. The Contractor shall be
responsible for all warranty costs, including the transportation costs to and from the repair station.
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6. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents shall
be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this purchase;
(2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over
another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Technical Specifications.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the
order of precedence.
7. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and
submit all required documents (which will include the "Contract," a sample of which is included in these
Specifications on page 1.17) to the Purchasing Manager, 2101 G Street, Bldg. A, Fresno, CA 93706 in
a form acceptable to the City of Fresno within 15 calendar days (except in the event federal funding is
applicable to this Contract, then 10 working days) from the date of Notice of Award. Failure to provide
said documents within the designated period shall be sufficient cause to forfeit the Contractor's bid
deposit and initiate a departmental recommendation to the Council to award the Contract to the next
lowest responsive and responsible Bidder.
8. ASSIGNMENT OF PAYMENT: Contractor hereby agrees it will not assign the payment of any
monies due it from the City under the terms of this Contract to any other individual(s), corporation(s) or
entity(ies). The City retains the right to pay any and all monies due Contractor directly to Contractor.
9. PATENTS: For the purchase of equipment and material, the Contractor shall hold the City of
Fresno, its officers and employees, harmless from any and all liability for damages arising out of the
use of any patented material, equipment, device or process incorporated into or made a part of or
required by the manufacturer's specifications to be used on or in connection with the material,
equipment or supplies purchased by the City pursuant to these Specifications, and Contractor agrees,
by submission of a proposal hereunder, to defend the City, at Contractor's sole expense, in any action
or suit for damages or injunctive relief on account of any allegedly unauthorized use of or infringement
of patent rights on any patented material, equipment, device or process, if the City is named as a
defendant in any such action or suit.
10. OSHA COMPLIANCE: For the purchase of equipment and material, the items covered by this
Contract must conform with the Safety Orders of the State of California, Division of Industrial Safety,
pursuant to the California Occupational Safety and Health Act, and the Federal Standards established
by the Occupational Safety and Health Act of 1970, and their present and future amendments during
the term of this Contract. In the event of a conflict between such Safety Orders and Federal Standards,
the items shall conform to the respective Order or Standard which is more restrictive.
11. RECYCLING PROGRAM: In the event Contractor maintains an office or operates a facility(ies),
or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno,
Contractor at its sole cost and expense shall:
(i) Immediately establish and maintain a viable and ongoing recycling program, approved
by City’s Solid Waste Management Division, for each office and facility. Literature describing
City recycling programs is available from City’s Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(ii) Immediately contact City’s Solid Waste Management Division at (559) 621-1452 and
schedule a free waste audit, and cooperate with such Division in their conduct of the audit for
each office and facility.
(iii) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management
Division the establishment of the recycling program in paragraph (i) above and the ongoing
maintenance thereof.
12. DELIVERY AND EXTENSIONS: Unless otherwise provided in the Specifications, delivery shall
be made F.O.B. the specified place of delivery within the City of Fresno or environs.
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If Contractor is delayed making delivery by any conditions or events beyond the reasonable control of
Contractor and without its fault or negligence such as acts of God or the public enemy, acts of City in
its contractual capacity or otherwise, illegal strikes, boycotts or like illegal obstructive action by
employee or labor organizations, illegal general lockouts or other defensive action by employers,
whether general or by organizations of employers, fires, floods, epidemics, quarantine restrictions, and
delays of common carriers; Contractor shall have no claim for damages against City for any such cause
of delay, but shall in such cases be entitled to such extension of time as shall reasonably compensate
for actual loss of time occasioned thereby, upon application to said City Manager for such extension;
provided, that no such extension of time shall be granted unless Contractor shall have notified the
Purchasing Manager in writing, of the condition or event which is expected to cause a delay in delivery
and the actual or estimated number of days of delay anticipated on account thereof, within one week
after the commencement or occurrence of the condition or event. Contractor shall remedy such
occurrence with all reasonable dispatch and shall promptly give written notice to the Purchasing
Manager of the cessation of such occurrence. The decision of said City Manager as to the number of
additional days, if any, to be allowed for completion of delivery on account of such condition or event,
shall be given in writing to Contractor.
13. PAYMENT: Unless otherwise provided in the Specifications, payment of the Contract price shall
be made by City to Contractor in lawful money of the United States by warrant of City issued and
delivered to Contractor in the ordinary course of City business promptly after completion of delivery of
the specified item(s) and their acceptance by City.
14. TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this Contract
upon 60 calendar days prior written notice to the Contractor. In the event of such termination, the
Contractor shall be paid for satisfactory service performed to the date of termination.
15. TERMINATION FOR NON-PERFORMANCE: If Contractor shall (i) materially breach any of its
obligations under this Contract (including, without limitation, the failure to meet quality standards or to
complete delivery, within the time specified herein, of all or any part of the materials, equipment,
supplies or services to be provided under the Contract), and (iii) fail to commence and diligently pursue
reasonable efforts to cure such breach within 5 calendar days after written notice by the City specifically
describing the breach; the City Manager or his/her designee, acting for and on behalf of the City, may
at any time after the expiration of the time for delivery, terminate the Contract as to the whole thereof,
or in the event partial delivery has been made and accepted, as to such items or service to be furnished
which have not been delivered or accepted prior to such termination. Such termination shall be effective
upon receipt by Contractor of written notice of termination from said City Manager or his/her designee,
which notice shall be deemed to have been received by Contractor, if mailed, within forty-eight hours to
Contractor’s address as contained in the Contractor’s Bid Proposal or, if personally delivered, upon the
delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor’s said
address.
The Contractor may terminate this Contract if City materially breaches any of its obligations under this
Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within
30 calendar days after written notice by the Contractor specifically describing the breach. Such
termination shall be effective upon receipt by City of written notice of termination from Contractor, which
notice shall be deemed to have been received by City, if mailed, within forty-eight hours to City’s address
as contained on the signature page of the Contract or, if personally delivered, upon the delivery thereof
to the authorized representative of City or to City’s said address.
16. NOTICES: Except as otherwise expressly provided in the Specifications, any notice required or
intended to be given to either party under the terms of this Contract shall be in writing and shall be
deemed to be duly given if delivered personally or sent by United States registered or certified mail,
with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at
the party's address set forth on the signature page of the Bid Proposal in the case of the Contractor and
at the address set forth on the signature page of the Contract in the case of the City, or at such other
address as the parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given at the time of
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the mailing thereof.
17. BINDING: Subject to the following section, once this Contract is signed by all parties, it shall be
binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors,
assigns, transferees, agents, servants, employees and representatives.
18. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no assignment,
transfer, sale, or subcontracting by the Contractor of its rights or obligations under the Contract without
the prior written approval of the City. Any attempted assignment, transfer, sale or subcontracting by
the Contractor, its successors or assigns, shall be null and void unless approved in writing by the City.
19. COMPLIANCE WITH LAW: In providing the services required under this Contract, Contractor
and its subcontractors shall at all times comply with all applicable laws of the United States, the State
of California and City, and with all applicable regulations promulgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended
during the term of this Contract.
20. WAIVER: The waiver by either party of a breach by the other of any provision of this Contract
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Contract. No provisions of this Contract may be waived unless in writing and
signed by all parties to this Contract. Waiver of any one provision herein shall not be deemed to be a
waiver of any other provision herein.
21. HEADINGS: The section headings in this Contract are for convenience and reference only and
shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of
the provisions of this Contract.
22. SEVERABILITY: The provisions of this Contract are severable. The invalidity, or
unenforceability of any one provision in this Contract shall not affect the other provisions.
23. INTERPRETATION: The parties acknowledge that this Contract in its final form is the result of
the combined efforts of the parties and that, should any provision of this Contract be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this Contract in favor of or
against either party, but rather by construing the terms in accordance with their generally accepted
meaning.
24. ATTORNEY’S FEES: If either party is required to commence any proceeding or legal action to
enforce or interpret any term, covenant or condition of the Contract, the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable attorney’s fees and
legal expenses.
25. EXHIBITS: Each exhibit and attachment referenced in this Contract is, by the reference,
incorporated into and made a part of this Contract.
26. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. NO THIRD PARTY BENEFICIARIES: The rights, interests, duties and obligations defined within
this Contract are intended for the specific parties hereto as identified in the preamble of this Contract.
Notwithstanding anything stated to the contrary in this Contract, it is not intended that any rights or
interests in this Contract benefit or flow to the interest of any third parties other than expressly identified
within this section. The parties do intend that in the event that the State of California is funding the
purchase hereunder, that the State of California be a third party beneficiary under this Contract and all
rights, interest and benefits of this Contract accrue to the State.
28. FUNDING: This Contract is contingent on the appropriation of funds by City. Should funds not
be appropriated, this Contract may be terminated by City upon prior written notice to Contractor
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notwithstanding any other provision of these General Conditions.
29. GOVERNING LAW AND VENUE: The Contract shall be governed by, and construed and
enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws
rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action
regarding the enforcement or interpretation of the Contract and any rights and duties hereunder shall
be Fresno County, California.
30. EXTENT OF CONTRACT: Each party acknowledges that they have read and fully understand
the contents of this Contract. This Contract represents the entire and integrated agreement between
the parties with respect to the subject matter hereof and supersedes all prior negotiations,
representations or agreements, either written or oral.
31. MODIFICATIONS AND CHANGE ORDERS: This Contract may be modified only by written
instrument duly authorized and executed by both City and Contractor in accordance with City’s current
applicable contract change order resolution, as may be revised. The City reserves the right to add,
modify or delete items from the Contract including, without limitation, the Special Conditions and
Technical Specifications. Any such changes shall be made only by means of a formal change order
signed by both the City and the Contractor.
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FEDERAL REQUIREMENTS
(Not applicable to this project/purchase)
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CITY OF FRESNO BID SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 12400370
SPECIAL CONDITIONS
TERM OF CONTRACT
This Contract shall be in effect for TWO (2) year(s) from the date of the Notice to Proceed (“Initial
Term”). The Contract may be extended, with the mutual consent of both parties, for THREE (3)
ONE-year increments with price increases/decreases in accordance with the provisions set forth herein,
all other terms and conditions specified herein remaining the same. If either the City or Contractor
elects not to extend the Contract, or upon expiration of the final one-year extension term, the Contractor
shall aid the City in continuing, uninterruptedly, the requirements of the Contract, by continuing to
perform on a temporary basis, when specifically requested to do so in writing by the Purchasing
Manager, for a specified term not to exceed twelve months. Such continuance shall be subject to price
increases/decreases in accordance with the provisions set forth herein, and all other terms and
conditions remaining the same as if the Contract had been extended for such a temporary period by an
amendment hereto.
PRICING CONDITIONS
The City of Fresno intends to enter into a requirements contract for the liquid natural gas (LNG) fuel
based on SoCal Border Index Price for Spot Gas Delivered to Pipelines per MMBtu/12.104 minus
any discount in cents per LNG gallon for natural gas feedstock not delivered through pipeline. Under
this contract, the city will pay for fuel, liquefaction cost, and delivery at a cost comprised of the
following components:
1. The Base Price per LNG gallon of fuel, derived from SoCal Border Index Pricing for
Spot Gas Delivered to Pipelines per MMBtu dry as published in Platts divided by
gallons/MMBtu factor of 12.104, current at the time and date that the order is placed by
the City. This price component may change on an order-by-order basis.
2. It is required of the vendor to supply the City of Fresno a current monthly report of
the natural gas pricing per the SoCal Gas Border Index. This must be supplied to the
City of Fresno via email within the first five (5) calendar days of each month, during
the effective dates of this contract.
3. The cents per LNG gallon discount, if any, for natural gas feedstock supplied from non-
pipeline sources. Examples: stranded gas well sources, digester gas sources, landfill
gas sources, etc. This price component will remain fixed for the first 24 months of the
contract term.
4. The cost per LNG gallon for liquefaction to turn gaseous methane feedstock into fuel
quality liquid natural gas (LNG). This price component will remain fixed for the first 24
months of the contact term.
5. The cost per LNG gallon of freight as bid for each delivery quantity category by the
Bidder awarded under this solicitation, will remain fixed for the initial two years of the
term of the contract, but any and all may be adjusted for any extension under the
provisions listed in “Term of Contract”.
6. The City requires fuel containing a methane composition 98.51% and above will be billed
using a conversion factor of 3.49 lbs/gallon to compute the number of gallons used on the
invoice. The conversion factors are below.
• 12.104 mmBTU per LNG Gallon
• 3.49 lbs per LNG Gallon
• 3.49 X 12.104 = 42.24 lbs per mmBTU
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• 500 lbs = 143.26 LNG Gallons (500/3.49)
• 500 lbs = 11.84 mmBTU (500/42.24)
7. AB 32’s California Compliance Allowance (CCA) obligation fee per gallon of LNG fuel
delivered. This cost is to be a pass thru cost and the City will not pay a markup. This
price component will remain fixed for the first 24 months of the contract term.
Taxes: Liquid natural gas (LNG) fuel bid prices shall exclude ALL Federal and State Motor
Vehicle Fuel Fees (MVF) or any other applicable fees and taxes. All applicable taxes are
to be added to the invoice at the time of delivery. The City will execute appropriate
Excise Tax exemption certificates to the successful supplier.
If, during the course of this contract, the Supplier’s selling price of any of the item(s) bid, is below
the contract bid price, the City will receive the lowest pricing.
TRANSPORTATION PRICING CONDITIONS
For the first twenty-four-month period of the Contract, pricing will be fixed at the Bid Proposal price.
Sixty days prior to the 2-year anniversary date of the Contract, the Contractor may submit proposed
pricing revisions for the following 12-month period to the Purchasing Manager of the City of Fresno.
The Contractor must provide adequate documentation to substantiate any request for price increase.
Any increase in unit price for any item included in this Contract shall not exceed, unless otherwise
approved by the Purchasing Manager, the percent change for the following Producer’s Price Index, as
published by the Bureau of Labor Statistics: Specialized Freight Trucking (Product Code 4842). In the
event that the index drops, the Contractor shall pass on to the City an equivalent reduction in pricing.
The basis of the index shall be established as the last available month at the date of the Notice to
Proceed. Increases in pricing will not be implemented until written approval is provided by the
Purchasing Manager of the City of Fresno.
Bidders shall identify the source(s) of the LNG fuel to be delivered to the City.
Bidder shall provide immediately upon request by the City, documentation of all training and safety
records for all employees associated with the work under this RC.
The bid prices shall include all freight and delivery costs, including costs associated with loading
and unloading, and delivered F.O.B. to the City’s facilities. There shall be no fuel surcharges or any
other hidden fees.
JOINT OFFERS
Where two or more Bidders desire to submit a single bid in response to this Requirements Contract,
they should do so on a prime-subcontractor basis rather than as a joint venture. City of Fresno intends
to contract with a single firm and not with multiple firms doing business as a joint venture.
MONITORING
Vendor shall monitor the City’s LNG tanks electronically and schedule deliveries to maintain a fifty
percent (50%) level at all times. If vendor is unable to monitor the City’s tank levels electronically due
to electronic monitoring system failure or system is down for maintenance, the vendor shall notify the
City in a professional, responsible, and timely matter. If for any reason the vendor is unable to monitor
the City’s tank level, the “DELIVERY” section will take precedence until electronic issues are fixed and
vendor is able to electronically monitor the City’s tank level.
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AUTHORIZATION TO PLACE ORDERS
Names of individuals authorized to place orders will be provided in writing by the City upon or following
the issuance by the City of the Notice to Proceed. City may modify such writing from time to time by
notice to the Contractor.
CONTRACTOR’S AUTHORIZED REPRESENTATIVE
The name, mailing address, telephone number, any e-mail address and any facsimile number of
Contractor’s authorized representative shall be provided in writing by Contractor no later than 5 calendar
days following the issuance by the City of the Notice to Proceed.
DELIVERY
Deliveries of fuel loads shall be completed within TWO (2) calendar days after the date of notification
by the City for release of goods against this Contract. Notification for release may be made verbally, or
in writing by the City.
If the Contractor fails to meet the specified delivery requirements, the City may procure the goods from
another source, and recover any loss (the difference between the contract price and the purchase price
paid by the City, including any shipping costs) occasioned thereby, from the unpaid balance due the
Contractor. The prices paid by the City shall be considered the prevailing market price at the time such
purchase is made.
Deliveries shall be requested in minimum quantities of Nine Thousand (9,000) gallons.
Delivery of items is to be F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED, to:
City of Fresno, Fleet Management – Parts Dept.
2101 G Street, Bldg. F
Fresno, CA 93706
Delivery is to be made between the hours of 8:00 A.M. and 2:00 P.M. and during regular City of Fresno
working days.
EMERGENCY ORDERS
The City at times may require item(s) immediately in an emergency. The emergency may be handled
on a will call basis. Therefore, Contractor shall maintain an inventory within a 25-mile radius of Fresno
City Hall (2600 Fresno Street, Fresno, CA) and a 24-hour emergency call number. Contractor shall
expedite supply of the item(s) and in any event, delivery shall be no more than 24 hours from City’s call.
NON-DELIVERY
If the Contractor fails to meet delivery requirements, the City may, but is not obligated to, procure the
goods from another source and recover any loss occasioned thereby (including, without limitation, any
increase in cost and liquidated damages for Contractor’s delay up to date of delivery and acceptance
by City of goods from another source), from any unpaid balance due the Contractor or through reduction
of future invoices. Otherwise, Contractor will reimburse City within 30 days of receipt of invoice from
the City. The price paid by the City shall be considered the prevailing market price at the time purchase
is made. City will notify Contractor of any decision to procure the goods from another source. Such
notification may be by telephone, electronic mail, or facsimile to Contractor or Contractor’s authorized
representative.
LIQUIDATED DAMAGES
Time of delivery is of the essence, and the City and Contractor, by executing the Contract, each agree
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that actual damages to the City, and actual damages for the inconvenience and loss which will flow to
the inhabitants of the City, from any delay in delivery beyond the date or dates provided herein, or
portions thereof, are extremely difficult or impossible to determine, and, accordingly, it is agreed that
the Contractor shall be liable for and shall pay to the City, as fixed, agreed, and liquidated damages,
and not as a penalty the sum of TWO HUNDRED DOLLARS ($200) per day for each calendar day of
delay in delivery of item(s) from the maximum delivery date as specified herein or in any written
extension of time granted by the City. Such payment due the City will be deducted by the City from any
payments due to the Contractor for item(s) delivered. Otherwise, Contractor will reimburse City within
30 days of receipt of invoice from the City.
PAYMENT
The Contractor shall be eligible for progress payments upon delivery and acceptance of any number of
items.
The Contractor must invoice the correct department in the City of Fresno, Fleet Management Division,
in order to initiate the payment process. Invoices shall be supplied in duplicate and conspicuously
displayed with the City of Fresno Purchase Order Number and shall be sent to:
City of Fresno, Fleet Management – Parts Dept.
2101 G Street Bldg. F
Fresno, CA 93706
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CITY OF FRESNO SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 12400370
TECHNICAL SPECIFICATIONS
GENERAL
(a) It is the purpose and intent of these Specifications to describe the minimum requirements for Liquid
Natural Gas (LNG) Fuel to be used by Fleet Management Division of the General Services Department
within the City of Fresno.
(b) All items not specifically mentioned which are required for a complete unit shall be included in the
unit bid price.
(c) All equipment and accessories to be furnished must be new and in current production. All products
shall conform in design, strength, quality of material and workmanship to current industry standards.
(d) Each bid shall be accompanied by a copy of any applicable manufacturer's Published Price List or
website, and two copies of the manufacturer's descriptive literature and specifications or website,
including a copy of the manufacturer's standard warranty.
(e) All equipment and accessories shall comply with regulations of the Federal Occupational Safety
and Health Administration (OSHA) and the California Occupational Safety and Health Administration
(Cal/OSHA), whichever is more restrictive.
TECHNICAL SPECIFICATIONS:
Bid Item 1. For bid evaluation purposes only, the unit price for Bid Item 1 shall be set for all
Bidders at $1.00 per LNG gallon as a theoretical SoCal Border Index commodity
price and is not necessarily the price to be used in calculating the price charged to
the City.
Bid Item 2. Bidder shall list here the price per LNG gallon amount to be deducted from the SoCal
Border Index price, if any.
Bid Item 3. The cost of liquefaction to produce liquefied natural gas from pipeline natural gas
or other natural gas feedstock.
Bid Item 4. The cost per gallon for freight to deliver truck and trailer loads of LNG to the City of
Fresno Municipal Service Center from a fuel source located within the State of
California.
Bid Item 5. AB 32’s California Compliance Allowance (CCA) obligation fee per gallon of LNG fuel
delivered. This cost is to be a pass thru cost and the City will not pay a markup. This
price component will remain fixed for the first 24 months of the contract term.
1. FUEL QUALITY SPECIFICATIONS
a. The liquid natural gas (LNG) fuel furnished shall meet the following minimum
specifications as the time of delivery to the City of Fresno:
Minimum Methane Number of 75.
b. The LNG fuel supplied shall meet or exceed all current and future fuel specifications
for quality for Cummins engines.
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c. The successful bidder shall, at its own expense, conduct regular quality and
composition tests and analyses of the LNG being delivered to the City. The successful
bidder shall, at all times, keep on file the written laboratory reports containing the
specifications of the successful bidder’s source LNG from which the City’s supply is
drawn. At any time, the City may inspect or request copies of these reports.
Furthermore, the City shall have the right, at its sole costs, to independently test or
analyze the LNG delivered by the successful bidder.
d. The maximum temperature of the LNG at time of delivery shall be no higher than minus
240 degrees Fahrenheit and delivered as “unsaturated fuel”. The temperature
reference will be measured on the tanker truck on an as needed basis. Vendor is
responsible for providing a means of accurate measurement.
e. The maximum delivery tanker pressure shall be 60 psig.
2. VENDOR RESPONSIBILITY
a. In the event that the LNG fuel supplied by the successful bidder fails to meet the
specifications, the supplier may be required to remove the contaminated fuel, clean
the tanks, and refill them with non-contaminated fuel at the Suppliers expense.
b. The Successful Bidder will be liable for any damage or citations which may be incurred
as a result of any fuel spills during any part of transit or delivery. In addition, the City
of Fresno reserves the right to cancel the Agreement of any Supplier or Carrier who
delivers in a negligent or careless manner.
c. The Successful Bidder shall have title to and bear risk of any loss of or damage to the
fuel purchased hereunder until product is delivered in conformity with this agreement
at the F.O.B. point specified, and upon such delivery title shall cease, except for loss
or damage resulting from the Supplier’s or Carrier’s negligence. Passing of title upon
delivery shall not constitute acceptance of product by the City of Fresno.
3. DELIVERY
a. The fueling site at the City’s Fleet Management Division LNG fuel station consists of
two (2) 6,000 gallon capacity Nexgen IMC 6000 semi-portable fuel station modules
and two Nexgen 15,000 gallon capacity vertical storage tanks with transfer pump
system.
b. Delivery hours are from 8:00 am to 2:00 pm Monday through Friday; excluding city
recognized holidays (a list will be provided to the successful bidder). Delivery drivers
should check-in with a Fleet Management Supervisor prior to unloading fuel.
c. The complete LNG fuel trailer and transport vehicle shall be weighed at an adjacent
certified scale prior to unloading for gross weight and re-weighed at the same scale
for tare and residual fuel weight after unloading fuel. Both weight certificates shall be
attached to the invoice, the City will not pay any invoice without the weight certificates
attached with the invoice. The differential will be the billing weight and no charge will
be assessed by the bidder for weigh charges.
4. HAZARDOUS SUBSTANCES
a. CAL-OSHA Requirements
All flammable, corrosive, toxic, or reactive materials being bid must have a
complete CAL-OSHA Material Safety Data Sheet accompanying the submitted bid.
b. Notice of Hazardous Substances
Title 8, California Code of Regulations, Section 5194(e) (c) states that the
employer must inform any contractor employers with employees working in the employer’s
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workplace of the hazardous substances to which their employees may be exposed while
performing their work. In compliance with this requirement, the City of Fresno hereby gives
notice to all Bidders that the following general categories of hazardous substances are
present on City of Fresno premises:
− Adhesives, sealant, patching, and coating products
− Antifreezes, coolants
− Cleaner, detergents
− Paints, thinners, solvents
− Pesticides, Petroleum products (diesel and unleaded fuel, oil products)
− Printing, photocopying materials
− Propane Welding materials/compressed gases (e.g., acetylene, oxygen,
nitrogen)
More specific information may be obtained from the City of Fresno Fleet Management office at 2101
G Street Bldg F, phone 559-621-1397, and from Material Safety Data Sheets for individual products.
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PRODUCTS 6.0 Rev. 05-2021
BIDDER’S NAME:
(Submit with Bid Proposal, if applicable)
EXHIBIT “X”, IF APPLICABLE
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 12400370
If you are unable to fully conform to the specifications, have deviations to the specifications, request for
an approved equal, or are unable to comply with any condition herein described; Bidders shall contact
the designated Procurement Specialist in the Purchasing Division (see cover page), and submit
this form at least seven (7) days prior to the scheduled bid opening. Reference the requirement
you are unable to comply with and explain any deviation or exceptions below. If necessary, an
appropriate addendum will be issued to all bidders stating revisions, deletions, or additions to be made
to the Specifications as a result of any inquiries. The City will not be responsible for verbal responses
made by parties other than the Purchasing Manager or designee. Bidders shall submit this exhibit at
least seven days prior to the schedule bid opening or the bidder may be found non-responsive.
REFERENCE REMARKS
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