request for sealed bid purchase of propane for the … 12-093 bid... · 2012-11-01 · city of...

BIDS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 O’CLOCK P.M., THURSDAY, NOVEMBER 29, 2012,

IN THE OFFICE OF THE CITY CLERK, FIRST FLOOR, CITY HALL, 425 NORTH EL DORADO STREET,

STOCKTON, CALIFORNIA 95202-1997

REQUEST FOR SEALED BID

PURCHASE OF PROPANE

FOR THE CITY OF STOCKTON, CALIFORNIA

(PUR 12-093)

http://cosintranet.ci.stockton.ca.us/Intranet/GraphicApp/Files/101_6892.JPG



REQUEST FOR SEALED BID PURCHASE OF PROPANE

PROJECT # PUR 12-093

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TABLE OF CONTENTS NOTICE INVITING SEALED BIDS ....................................................................... 1 BIDDER'S CHECKLIST ....................................................................................... 2

1.0 GENERAL INFORMATION ......................................................................... 3 1.1 REQUEST FOR SEALED BID .................................................................... 3 1.2 INVITATION TO SUBMIT A BID ................................................................. 3 1.3 LOCAL BUSINESS PREFERENCE ........................................................... 3 1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS.................. 3

1.5 CONSEQUENCE OF SUBMISSION OF BID .............................................. 4 1.6 EXAMINATION OF BID MATERIALS ........................................................ 4 1.7 ADDENDA AND INTERPRETATION ......................................................... 4

1.8 DISQUALIFICATION .................................................................................. 5 1.9 INFORMAL BID REJECTED ...................................................................... 5 1.10 SUBCONTRACTED .................................................................................... 6

1.11 LICENSING REQUIREMENTS ................................................................... 6 1.12 INSURANCE REQUIREMENTS ................................................................. 6

1.13 HOLD HARMLESS DEFENSE CLAUSE .................................................... 7 1.14 APPLICABLE LAW .................................................................................... 7 1.15 METHOD OF PAYMENT ............................................................................ 7

1.16 TAXES ........................................................................................................ 7 1.17 NOTICE TO OUT-OF-STATE VENDOR ..................................................... 8

1.18 TERM .......................................................................................................... 8 1.19 COMPETITIVE PRICING ............................................................................ 8

1.20 FUNDING .................................................................................................... 8 1.21 UNCONDITIONAL TERMINATION FOR CONVENIENCE ......................... 9 1.22 AUDITING OF CHARGES & SERVICES .................................................... 9

1.23 BID SECURITY ........................................................................................... 9 1.24 CONTRACT BONDS ................................................................................ 10

1.25 AWARD ..................................................................................................... 10 1.26 CHANGES ................................................................................................ 11 1.27 OTHER GOVERNMENTAL AGENCIES ................................................... 11

1.28 PRODUCT OWNERSHIP .......................................................................... 11 1.29 CONFIDENTIALITY .................................................................................. 11 1.30 MANDATORY JOB WALK ....................................................................... 11 1.31 CONTRACTOR’S SAFETY RESPONSIBILITY ........................................ 12 2.0 BACKGROUND/GENERAL NATURE OF SERVICE ............................... 13

2.1 PRICING REQUIREMENTS ...................................................................... 13 2.1.1 PRICING MECHANISM FOR PROPANE .................................................. 13 2.1.2 PRICING MECHANISM FOR EQUIPMENT RENTAL ............................... 13 2.2 DELIVERY AND SERVICE LOCATIONS ................................................. 14

2.3 INSPECTION AND ACCEPTANCE AT DESTINATION ........................... 14 2.4 ESTIMATED ANNUAL REQUIREMENTS (NO GUARANTEE)................ 14 2.5 GUARANTEE ............................................................................................ 14 2.6 SAFETY STANDARDS ............................................................................. 15

REQUEST FOR SEALED BID PURCHASE OF PROPANE

PROJECT # PUR 12-093

ii

2.7 STORAGE CONDITION ............................................................................ 15 2.8 SERVICE AND WARRANTY .................................................................... 15 2.9 ADJUSTMENT IN CONTRACT PRICES .................................................. 15 2.10 SUCCESSORS AND ASSIGNS ................................................................ 15

2.11 MATERIAL SAFETY DATA SHEETS ....................................................... 16 2.12 INVOICE .................................................................................................... 16 2.13 SAFETY TRAINING .................................................................................. 16 2.14 POLICY STATEMENT .............................................................................. 16 3.0 SCOPE ...................................................................................................... 17

BID DOCUMENTS .............................................................................................. 19 BID TO BE SUBMITTED .................................................................................... 20 BIDDER’S AGREEMENT ................................................................................... 21

STATEMENT OF BID COMPLIANCE ................................................................ 22 Request for Additions, Deletions or Exceptions ............................................ 23

NON-COLLUSION AFFIDAVIT-PUR 12-093 ..................................................... 24 EXHIBIT A-INSURANCE REQUIREMENTS ...................................................... 25 ATTACHMENT A ............................................................................................... 27

SAMPLE AGREEMENT FOR THE PURCHASE OF GOODS AND SERVICES 27 BOND FOR FAITHFUL PERFORMANCE ......................................................... 33 ORDERING & EMERGENCY RESPONSE INFORMATION .............................. 34

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NOTICE INVITING SEALED BIDS NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for vendor to provide BULK PROPANE including rental of above ground storage tanks and pumping systems for DWSP Water Treatment Plant (PUR 12-093) in strict accordance with the specifications.

Vendor to provide City of Stockton DWSP’s annual requirement of Bulk

Propane including rental of two vendor owned and provided above ground

storage tanks and service to connect to existing infrastructure.

The tanks will remain the property of the vendor.

The bid specifications and forms can be obtained from the City of Stockton’s website at http://www.stocktongov.com/services/business/bidflash/default.html and must be delivered to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California, up to but not later than 2:00 p.m., on Thursday, November 29, 2012. A mandatory job walk will be held on NOVEMBER, 08, 2012 at 9:00 AM. promptly at DWSP 11373 N. Lower Sacramento Road, Lodi, CA 95242. Interested bidders arriving at 9:01 AM or later will not be admitted. Failure to attend will result in your bid being rejected.

The City reserves the right to reject any and/or all bids received. Information on Technical Data Information on Bid Process/Clarification Bret Beaudreau, DWSP Toni Hoang, Senior Buyer (209) 937-7455 (209) 937-8350 e-mail: [email protected] e-mail: [email protected] DISCLAIMER: The City does not assume any liability of responsibility for errors/omissions in any document transmitted electronically. Dated: November 1, 2012

//s//BONNIE PAIGE CITY CLERK OF THE CITY OF STOCKTON

http://www.stocktongov.com/services/business/bidflash/default.html

mailto:[email protected]


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BIDDER'S CHECKLIST CITY OF STOCKTON / PURCHASING DIVISION

Did You: *___ Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES

19 to 24, along with any illustrations/brochures): *___ Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All-Purpose Acknowledgment" form will not be sufficient. *___ Complete and sign the "Bid to be Submitted" form. *___ Sign the "Bidder’s Agreement" form. Include (with bid) name and e-mail address for City contact, if different from signatoree *___ Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. *___ Include your bidder's security, bidder's bond, certified or cashier's check. NOTE: As information, the City will NOT accept company or personal checks for bid security. *___ Include self-addressed, unstamped envelope (#10, 4- 1/8 x 9- 1/2) with proponent’s security. Please DO NOT seal your security, bidder’s bond, certified or cashier’s check in this envelope. It is for returning the security to the bidder AFTER project award. *___ Submit one (1) ORIGINAL of all bid documents. Additionally, submit one (1) CD with an

electronic version of the bid documents.

*___ Review all clarifications/questions/answers on the City’s website at http://www.stocktongov.com/services/business/bidflash/default.html

*___ Deliver sealed bid to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street,

Stockton, CA 95202, before NOVEMBER 29, 2012 at 2:00 p.m. Sealed bid shall be marked "Bid" and indicate project name, number, and bid opening date. Please note that some overnight delivery services do not deliver directly to the City Clerk's Office. This could result in the bid arriving in the City Clerk's Office after the bid opening deadline and therefore not being accepted. NOTE: The Stockton City Clerk’s office is closed from 12 noon to 1 p.m. for lunch.

A) PURCHASE OF PROPANE B) (PUR 12-093) C) NOVEMBER 29, 2012

CONTACT INFORMATION:

Information on Technical Data Information on Bid Process/Clarification

Bret Beaudreau, DWSP (209) 937-7455 e-mail: [email protected]

Toni Hoang, Senior Buyer (209) 937-8350 e-mail: [email protected]

*If not completed as required, your proposal may be voided. *DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in

any document transmitted electronically. *THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE

SUBMITTED WITH YOUR PROPOSAL.


CITY OF STOCKTON REQUEST FOR SEALED BID PURCHASE OF PROPANE

PUR 12-093

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1.0 GENERAL INFORMATION 1.1 REQUEST FOR SEALED BID

The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide BULK PROPANE including vendor owned and provided above ground storage tanks and labor to connect to existing infrastructure (PUR 12-093) for the City of Stockton’s Delta Water Supply Project.

1.2 INVITATION TO SUBMIT A BID

Bids shall be submitted no later than 2:00 p.m., on Thursday, NOVEMBER 29, 2012, in the office of:

CITY CLERK

CITY OF STOCKTON 425 NORTH EL DORADO STREET

STOCKTON, CA 95202-1997

The bid should be firmly sealed in an envelope which shall be clearly marked on the outside, "PURCHASE OF PROPANE for the City of Stockton (PUR 12-093)." Additionally, submit one (1) CD with an electronic version of the bid documents. Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 LOCAL BUSINESS PREFERENCE Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Chapter 5.08 shall be granted a three (3) percent bid preference. The three (3) percent preference shall be based on the amount of that portion of the bid which is subject to sales tax. This is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into the City. (Prior code § 3-106.1)

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS

Bidders must comply with City of Stockton Municipal Code (SMC) Section 3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.

http://qcode.us/codes/stockton/view.php?cite=chapter_5.08&confidence=6


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1.5 CONSEQUENCE OF SUBMISSION OF BID

A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a

contract with the City. C. A contract shall not be binding or valid against the City unless or until it is

executed by the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.6 EXAMINATION OF BID MATERIALS

The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only. The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.7 ADDENDA AND INTERPRETATION

The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing/e-mail and deliverable to: CITY OF STOCKTON ATTN: Toni Hoang MUNICIPAL UTILITIES DEPARTMENT 2500 Navy Drive STOCKTON, CA 95206 [email protected]

Such request for clarification shall be delivered to the City at least ten (10) calendar days prior to the date for receipt of bids (by November 13, 2012). Any City response to a request for clarifications/questions/answers will be posted on the City’s website at http://www.stocktongov.com/services/business/


http://www.stocktongov.com/services/business/%20bidflash/default.html


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bidflash/default.html (not later than five (5) calendar days prior to the due date) (by November 20, 2012), and will become a part of the bid. The bidder should await responses to inquires prior to submitting a bid.

1.8 DISQUALIFICATION

Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;

B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton elected

official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered non-responsive.

D. A bidder's default in any operation of a contract which resulted in

termination of that contract; and/or

E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

F. No person, firm, or corporation shall be allowed to make or file or be

interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

1.9 INFORMAL BID REJECTED

A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered;

B. Any document or item necessary for the proper evaluation of the bid is

incomplete, improperly executed, indefinite, ambiguous, or missing.

http://www.stocktongov.com/services/business/%20bidflash/default.html


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1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED

A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

B. If bidder's supplier(s) and/or subcontractor's involvement requires the use

of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.

1.11 LICENSING REQUIREMENTS

Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder. Bidder must possess all licensures mandated by federal, state and local government for their trade to perform the work specified within these documents. A City of Stockton business license is required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

1.12 INSURANCE REQUIREMENTS

Bidder, at bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit A. The bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. Please contact City of Stockton Risk Services at (209) 937-5037 with any questions. Proof of insurance coverage for personal injury and property damage, including commercial, general and automobile liability and contractual liability shall be provided in a form acceptable to the City. The City of Stockton shall be named an additional insured by separate endorsement. Vendor shall provide notice to the City of any change in or limitation of coverage or of cancellation no less than 30 days prior to the effective date. Proof of worker’s compensation coverage pursuant to statutory requirements shall also be provided. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.


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Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract. All coverage shall be provided by a carrier authorized to transact business in California and shall be primary.

1.13 HOLD HARMLESS DEFENSE CLAUSE

Contractor shall defend, indemnify, and hold harmless City, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of Contractor, any sub-contractor, anyone directly or indirectly employed by any of them, or anyone whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of the City.

1.14 APPLICABLE LAW

This agreement shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, county of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

1.15 METHOD OF PAYMENT

Payment will be made within thirty (30) days after invoices are received and accepted by the City Manager. Invoices are to be rendered monthly.

1.16 TAXES

A. States sales tax and all other applicable taxes shall be added to the invoice at the time of delivery.

B. The City of Stockton is exempt from Federal Excise Tax.

C. California Excise Tax, California Oil Spill Surcharge, Storage Tank Tax, Federal Oil Spill Fee and Lead Poison Prevention Fee and any other applicable fees, shall be set out as separate items on the invoice.

D. At the time of award, the successful Bidder shall supply City with a detailed breakdown of all taxes included in the prices that will be shown on the invoices.


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1.17 NOTICE TO OUT-OF-STATE VENDOR

The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase. It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors. Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28-051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton. Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Purchasing Division at (209) 937-8357.

1.18 TERM

The City wishes to contract with vendor(s) for a period of two (2) years. The City may elect to extend this agreement up to three (3) additional one (1) year terms based on vendor performance and current market conditions and competitiveness. The City, in whole or part, may terminate this contract whenever it is determined to be in the best interest of the City. Any such termination shall be in writing to the Vendor.

1.19 COMPETITIVE PRICING

Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.20 FUNDING

Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will


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terminate without penalty, at the end of the term for which funds are appropriated.

1.21 UNCONDITIONAL TERMINATION FOR CONVENIENCE

The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.22 AUDITING OF CHARGES & SERVICES

The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

1.23 BID SECURITY

Every bid offered shall be accompanied by an acceptable financial instrument (bidder’s bond, certified or cashier’s check) in favor of and payable at sight to the City of Stockton for an amount not less than 10% of the total amount of the base bid price, plus additives, if any or a bidder's bond executed by a surety authorized by the Insurance Commissioner to transact business of insurance in the State of California, made out in favor of the CITY OF STOCKTON for an amount not less than 10% of the total amount of the base bid price, plus additives, if any and no bid shall be considered unless accompanied by such certified or cashier’s check or bidder's bond. If bidder elects to accompany their bid with a bidder's bond, then said bond shall state on its face that, "in the event the person, firm, or corporation is awarded the contract and the said bidder shall fail, neglect, or refuse to enter into a contract to said equipment or materials, then the amount therein mentioned in the bidder's bond accompanying the bid of said person, firm, or corporation shall be declared to be forfeited to the City." In the event that the person, firm, or corporation to whom said contract may be awarded fails, neglects, or refuses to enter into contract to furnish said equipment, materials or services, as hereinbefore provided within thirty (30) days of award, then the cashier's check, or certified check and the amount therein mentioned, accompanying the bid of said person, firm, or corporation, shall be declared to be forfeited to said City; or, if non-complying bidder has accompanied their bid with a bidder's bond, appropriate legal action to collect the bidder's bond, shall be undertaken. As information, the City will NOT accept company or personal checks for bid security.


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1.24 CONTRACT BONDS

The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of 100% of the contract price and shall be furnished concurrently with the signing of the contract.

The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California. Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments. All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.

1.25 AWARD

Upon conclusion of the bid process, a contract may be awarded for the PURCHASE OF PROPANE for the City of Stockton. The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest. Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:

Kind

Suitability

Warranties

Trade-in

Buy-back agreement

Salvage value

Standardization

Delivery time

Any other criteria as best suits the City of Stockton

Compatibility resulting in the lowest ultimate cost; Best value to the City


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1.26 CHANGES

The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.27 OTHER GOVERNMENTAL AGENCIES

If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.

1.28 PRODUCT OWNERSHIP

Any documents, products or systems resulting from the contract will be the property of the City of Stockton.

1.29 CONFIDENTIALITY

If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure. The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

1.30 MANDATORY JOB WALK

A mandatory job walk will be held on NOVEMBER 8, 2012 at 9:00 AM promptly at 11373 N. Lower Sacramento Road, Lodi, CA 95242. Interested bidders arriving at 9:01 AM or later will not be admitted. Failure to attend will result in your bid being rejected.


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1.31 CONTRACTOR’S SAFETY RESPONSIBILITY The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.


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2.0 BACKGROUND/GENERAL NATURE OF SERVICE

The City of Stockton hereby invites bids for furnishing Bulk Propane and the rental of two above ground storage tanks installed to existing infrastructure for DWSP Water Treatment Plant as required for a period of two (2) years. This is a two (2) year contract subject to annual appropriations approved by the City of Stockton, with three (3) one (1) year extensions at the discretion of the City.

2.1 PRICING REQUIREMENTS

Prices are to be FOB Destination, delivered to the City of Stockton’s Delta Water Supply Project Water Treatment Plant at the address indicated below in Section 2.2. Freight and/or delivery charges are not to be added on any shipments/deliveries made against the purchase order. List and describe all applicable fees. Fees not listed in bid sheet will not be authorized for payment on any invoices throughout the term of the contract.

2.1.1 PRICING MECHANISM FOR PROPANE

Bidders are asked to bid on a per gallon mark-up amount that will be added to the Unbranded (OPIS) Average for Stockton. This mark-up amount is to be firm for the duration of the 2 year period. Vendors must take into account any price increases that may occur throughout the term, as no change orders will be authorized to increase the vendor’s per gallon mark-up amount. The mark-up price shall not include any taxes. Vendor must outline a list of taxes and percentages on a separate document attached to the bid sheet.

2.1.2 PRICING MECHANISM FOR EQUIPMENT RENTAL

Bidders are to provide monthly rates for the rental of above ground storage tanks including all fees associated with installation and removal during contract period. The price for the rental equipment will remain constant throughout the contract. The price shall include all costs associated with maintenance and operation of equipment throughout the contract period. If City chooses to extend the contract, the rental cost shall remain the same. Vendor will, throughout contract terms, ensure that their tanks are operable 24/7. Liquidated damages will incur for each inoperable day.


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2.2 DELIVERY AND SERVICE LOCATIONS

Price quoted shall include all delivery and unloading charges, FOB Destination:

DELTA WATER SUPPLY PROJECT WATER TREATMENT PLANT 11373 N. LOWER SACRAMENTO ROAD

LODI, CA 95242 No handling fees, offloading charges, or processing charges may be applied in addition to the freight charge. All deliveries may not be limited to this site. It will be the responsibility of the bidder to provide adequate assistance and/or equipment necessary to load and unload their products at the delivery site. No fee or additional charge will be accepted for split loads or multiple deliveries. Deliveries of propane shall be made within one week (5 business days) of notification (excluding weekends and holidays) of the time of order. However, in cases of critical need, shorter delivery times, including possible weekend and holiday deliveries may be required. Delivery is to be between the hours of 7:00 A.M. and 3:00 P.M., Monday through Friday. The vendor with the particular plant destination shall pre-arrange any variance from these days and hours.

2.3 INSPECTION AND ACCEPTANCE AT DESTINATION

Final inspection and acceptance shall be at destination. Although source inspection by the City is not anticipated, the City reserves the right to conduct such inspection as it deems appropriate.

2.4 ESTIMATED ANNUAL REQUIREMENTS (NO GUARANTEE)

The Vendor agrees to furnish all quantities ordered by the City during the contract period. The City agrees to place orders with the Vendor for all its requirements for those items awarded except as followed:

a. Quantities of items needed under conditions of emergency or public exigency if unable to arrange delivery from contracted Vendor.

b. Quantities of items where Federal funds are involved and other action are warranted for Federal regulatory compliance purposes.

2.5 GUARANTEE

By submitting a bid, bidder guarantees that the product they propose to furnish shall be of the highest quality and shall meet the intent of the specifications free from defects in material and workmanship. The City shall have the right to reject


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any product, which does not conform to such guarantee, and return same, at Vendors’ expense, for correction or replacement.

2.6 SAFETY STANDARDS

Unless otherwise stipulated in the bid, all manufactured items or fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards there under. If any of the ingredients of the product bid is a Carcinogen as shown on the most current list prepared by the International Agency for Research on Cancer (IARC), bidder shall separately identify such ingredients as a Carcinogen. Bidder is advised that the product will not be accepted unless (1) the product may be used safely and (2) no acceptable Non-Carcinogen Substitute is available.

2.7 STORAGE CONDITION

Unless otherwise stipulated in the bid, all manufactured items or fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards there under.

2.8 SERVICE AND WARRANTY

Unless otherwise specified, the Vendor shall define any warranty service and replacements that will be provided during and subsequent to this contract. Vendor must explain on an attached sheet to what extent warranty and service facilities are provided.

2.9 ADJUSTMENT IN CONTRACT PRICES

Manufacturers’ price increases or other increases in the cost of doing business may not be passed on to the City unless so specified in the Bid. Nor may the Vendor withdraw or cancel the contract or any part of the contract for these reasons. Vendors may cancel contract only if a Vendor cancellation clause is included as a part of the Bid and then only if the contractual obligation has been fulfilled by the Vendor in accordance with the terms stated in the Bid.

2.10 SUCCESSORS AND ASSIGNS

City of Stockton and Vendor each bind themselves, their partners, successors, assigns, and legal representatives to this agreement without the written consent of the others. Vendor shall not assign or transfer any interest in this agreement without prior written consent of the City. Consent to any such transfer shall be at the sole discretion of the City of Stockton.


PUR 12-093

16

2.11 MATERIAL SAFETY DATA SHEETS

Material safety data sheets shall be furnished by the successful bidder and shall be included in each delivery.

2.12 INVOICE

The following information must be provided on the invoice for each delivered shipment. 1. Order date, time and person placing order. 2. Delivery date and time. 3. Gallons delivered 4. Price of Propane 5. Total charge for delivery 6. Purchase Order Number 7. All taxes are to be itemized separately

Include with invoice, a printout of the daily unbranded (OPIS) Average for Stockton.

Invoices are to be e-mailed to: Attn: Melissa Price [email protected] 2.13 SAFETY TRAINING

The successful bidder shall provide emergency response training to City staff as required not less than twice annually. The first training session shall take place within sixty (60) days of contract commencement. The second training session shall take place midway through the contract period. The City will provide a training room at the DWSP as necessary.

2.14 POLICY STATEMENT

Each bidder is required to state their policy regarding demurrage if any.


CITY OF STOCKTON REQUEST FOR SEALED BID PURCHASE OF PROPANE PUR 12-093

17

3.0 SCOPE

Any exceptions to the specifications must be noted and approved by Purchasing before November 13, 2012 on the Request for Additions, Deletions or Exceptions (page 23). Details concerning the exceptions must be clearly explained. The following is a list of the minimum specifications. Bidder is to attach the approved request to the bid form.

Successful bidder will provide the City of Stockton’s Delta Water Supply Project Water Treatment Plant with its annual requirement of Bulk Propane. This requires that the vendor provide and install two above ground storage tanks on existing platforms as follow:

North Tank Concrete Pad Dimensions 4’ x 16’

There is currently a 1,150 gallon tank from an existing vendor

South Tank Concrete Pad Dimensions 4’ x 11’

There is currently a 500 gallon tank from an existing vendor

ANNUAL CONSUMPTION: BETWEEN 26,000 & 37,500 GALLONS PER ANNUM

The successful vendor is to install two above ground propane storage tanks at no charge or inconvenience to the City of Stockton. Vendor must coordinate with City on installation of tanks to ensure minimal disruption to facility operations. At the end of the contract period, the vendor shall remove the tank at no charge or inconvenience to the City of Stockton. At the end of the contract period, vendor is to leave the premise in the same condition that it was found. The vendor is solely responsible for all maintenance and repairs of the storage tanks and meter during the contract period. Vendor must ensure that the tank is properly functioning 24/7 throughout the contract period.

The vendor will be responsible for checking the inventory level and to keep the tank at an adequate level based on the City’s usage. City will not monitor the tank or call for delivery. The vendor is responsible to deliver product on a timely basis to insure that there is adequate supply in the tank at all times.

.

CITY OF STOCKTON REQUEST FOR SEALED BID PURCHASE OF PROPANE PUR 12-093

18

Vendor must provide a metered delivery ticket at each delivery. Vendor must obtain signature from Plant Operator for each delivery. A copy of the delivery ticket is to be left with that staff member at the completion of each delivery.

19

BID DOCUMENTS

A) PURCHASE OF PROPANE B) PUR 12-093

C) NOVEMBER 29, 2012

COMPANY NAME: _________________________________ CONTACT NAME: _________________________________ ADDRESS: _______________________________________ _________________________________________________ TELEPHONE NUMBER: ____________________________ EMAIL: __________________________________________

20

BID TO BE SUBMITTED PUR 12-093-PROPANE

The purchase price structure will be based on two factors:

1. Propane Gas-Unbranded Average for Stockton (to be furnished with each invoice) 2. Vendor’s per gallon mark-up (Years 1 & 2) $___________/gal Mark up price per gallon Year 3 $_________ Year 4 $__________ Year 5 $___________ Hazardous materials compliance fee $________delivery

Please indicate any additional fees per gallon/delivery (not taxes). ___________________________________________gallon / delivery (circle one) ___________________________________________gallon / delivery (circle one) ___________________________________________gallon / delivery (circle one) Cost for Tank Rental per month North Tank capacity _____________________ $___________ South Tank capacity_____________________ $___________ Please attach a list outlining the taxes and its percentage. Any questions regarding specifications should be directed to Toni Hoang, Municipal Utilities Department at telephone (209) 937-8350. NAME OF COMPANY ADDRESS TO INCLUDE CITY & STATE SIGNATURE PRINTED NAME & TITLE ( ) DATE TELEPHONE

NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

A) PURCHASE OF PROPANE

B) PUR 12-093

C) NOVEMBER 29, 2012

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.

21

BIDDER’S AGREEMENT PUR 12-093 Purchase of Propane

In submitting this bid, as herein described, the bidder agrees that: 1. They have carefully examined the specifications and all other provisions of this

form and understand the meaning, intent, and requirements of same. 2. They have reviewed and understand all clarifications/questions/answers on the

City’s website at http://www.stocktongov.com/services/business/bidflash/default.html.

3. They will enter into written contract and furnish the item(s)/service(s) in the time

specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes

delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form

whether individual, corporate or partnership. Must be “A Jurat” notarization. FIRM ADDRESS SIGNED BY TITLE OR AGENCY E-MAIL ADDRESS NOTE: Bids are invalid which are unsigned, or not accompanied by a bid deposit or a

bidder’s bond in the amount specified in bid package. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be mailed or delivered to:

OFFICE OF THE CITY CLERK

FIRST FLOOR, CITY HALL 425 NORTH EL DORADO STREET

STOCKTON, CALIFORNIA 95202-1997

On or before 2:00 p.m. NOVEMBER 29, 2012 and publicly opened immediately thereafter in the City Council Chambers. SPECIAL NOTE: U.P.S. OR OTHER SPECIAL HANDLING SERVICES DO NOT DELIVER DIRECTLY

TO THE CITY CLERK’S OFFICE. BIDDERS ARE ADVISED THAT IF A SPECIAL HANDLING SERVICE IS USED, BIDS MAY NOT REACH THE CITY CLERK’S OFFICE IN TIME FOR BID OPENING AND WILL BE REJECTED AND RETURNED TO BIDDER.


22

STATEMENT OF BID COMPLIANCE ACCEPTANCE OF CITY’s STANDARD CONTRACT AND EXHIBITS

The responding bidder should review the City of Stockton’s Standard Contract (Attachment A) and Exhibits. After careful Review, each Responding Bidder must certify one of the following: The Responding bidder takes no exceptions to City’s Standard Contract

and Exhibits as contained herein. The Responding bidder takes exceptions to City’s Standard Contract and

Exhibits as contained herein and these exceptions have been approved by City’s purchasing department as attached.

All additions, deletions and or exceptions must be submitted during the question review period. Additions, deletions and or exceptions to the bid document must be submitted on the form below and delivered via email to: Toni Hoang, Senior Buyer [email protected] Additions, deletions and or exceptions must be received by November 13th, 2012 at 5:00 PM (PST). No modifications or negotiations to the bid document will be considered after November 13th, 2012 at 5:00 PM (PST). All exceptions may be reviewed by City. City is under no obligation to accept any exceptions or modifications to the Bid Document.

Company Name Date

Bidder’s Name Signature

Phone Number Facsimile

Email

***TO BE COMPLETED AND SIGNED BY BIDDER AND SUBMITTED WITH BID PACKAGE***


23

Request for Additions, Deletions or Exceptions PUR 12-093-PURCHASE OF BULK PROPANE

List below requests for additions, deletions and or exceptions (if any), to COS’s Standard Contract and Exhibits. Submit request before November 13, 2012 at 5:00 PM (PST). Please provide language as written in the bid documents and provide comparison language to request additions, deletions, or exceptions for consideration. Make additional copies if needed for submittal. City is under no obligation to accept any exceptions or modifications to the Bid Document.

Company Name Date

Bidder’s Name Signature Phone Number Facsimile Email After submittal of your request, you will receive a response stating whether your request was accepted or denied, please include the response in your bid package.

Page No. Section No. City of Stockton Bid Language Bidder’s Response

24

NON-COLLUSION AFFIDAVIT-PUR 12-093

No. 1 INDIVIDUAL BIDDER

STATE OF CALIFORNIA, )ss.

County of ) (insert)

being first duly sworn, deposes and says: That on behalf of any

person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or

person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner

sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Individual Bidder)

Subscribed and sworn to (or affirmed) before me on this day of , 20

by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal

Signature

No. 2 AFFIDAVIT FOR CORPORATION BIDDER



being first duly sworn, deposes and says: That

they are the of a corporation,

which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not

named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm

or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by

collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Corporation Bidder)



Seal

Signature

No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP



, each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership,

designated as who is the party making the foregoing bid; that the other partner, or partners,

are that such bid is genuine and not sham or collusive, or made

in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced

or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to

themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature)

(Signature)



Seal

Signature

-25- Purchase Contract

City of Stockton & Vendor

EXHIBIT A-INSURANCE REQUIREMENTS PROPANE VENDOR

PUR 12-093

VENDOR shall procure and maintain for the duration of the Agreement, insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the VENDOR, its agents, representatives, volunteers, or employees. 1. INSURANCE Throughout the life of this Contract, the Vendor shall pay for and maintain in

full force and effect with an insurance company admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A: VII” in Best Insurance Key Rating Guide, the following policies of insurance:

A. COMMERCIAL (BUSINESS) AUTOMOBILE LIABILITY insurance, endorsed for “any auto” with combined single limits of liability of not less than $1,000,000 each occurrence, including MCS90 endorsement form.

B. WORKERS’ COMPENSATION insurance as required under the California Labor

Code and Employers Liability Insurance with limits not less than $1,000,000 per accident/injury/disease.

C. COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY AND

MISCELLANEOUS SUPPLEMENTARY INSURANCE;

FOR ADDITIONAL REQUIREMENT(S):

(i) COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY insurance which shall include Contractual Liability, Products and Completed Operations coverage’s, Bodily Injury and Property Damage Liability insurance with combined single limits of not less than $5,000,000 per occurrence, and if written on an Aggregate basis, $10,000,000 Aggregate limit.

(ii) ENVIRONMENTAL IMPAIRMENT/POLLUTION LIABILITY insurance with

minimum limits of $1,000,000 combined single limit, to include liability for Groundwater contamination, Explosion, Sudden and Accidental and Environmental cleanup, etc.

Deductibles and Self-Insured Retentions must be declared and are subject to approval by the CITY. The Policy(s) shall also provide the following:

1 The Commercial General Liability insurance shall be written on ISO approved occurrence form with additional insured endorsement naming: City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are additional insureds.

2. All insurance required by this Agreement shall be with a company acceptable to the CITY

and issued and executed by an admitted insurer authorized to transact insurance business in the State of California. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date VENDOR completes its performance of services under this Agreement.

3. For any claims related to products provided under this contract, the Vendor’s insurance

coverage shall be primary insurance as respects the City of Stockton its officers, agents, and employees. Any coverage maintained by the CITY shall be excess of the Vendor’s



insurance and shall not contribute with it. Policy shall waive right of recovery (waiver of subrogation) against the CITY.

4. Each insurance policy required by this clause shall have a provision that coverage shall

not be cancelled by either party, except after thirty (30) days’ prior to written notice by certified mail, return receipt requested, has been given to the CITY. Further, the thirty (30) day notice shall be unrestricted, except for workers’ compensation, or non-payment of premium, which shall permit ten (10) days advance notice. The insurer and/or the contractor and/or the contractor's insurance agent shall provide the CITY with notification of any cancellation, major change, modification or reduction in coverage.

5. Regardless of these contract minimum insurance requirements, the Vendor and its

insurer shall agree to commit the Vendor’s full policy limits and these minimum requirements shall not restrict the Vendor’s liability or coverage limit obligations.

6. Coverage shall not extend to any indemnity coverage for the active negligence of the

additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

7. The Company shall furnish the City of Stockton with the Certificates and Endorsement for

all required insurance, prior to the CITY’s execution of the Agreement and start of work.

8. Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton Attention: Risk Services 425 N. El Dorado Street Stockton, CA 95202

9. Upon notification of receipt by the CITY of a Notice of Cancellation, major change,

modification, or reduction in coverage, the Vendor shall immediately file with the CITY a certified copy of the required new or renewal policy and certificates for such policy.

Any variation from the above contract requirements shall only be considered by and be subject to approval by the CITY’s Risk Manager (209) 937-8617. Our fax is (209) 937-8833. If at any time during the life of the Contract or any extension, the Vendor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract. If the Vendor should subcontract all or any portion of the work to be performed in this contract, the Vendor shall cover the sub-contractor, and/or require each sub-contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub-contractor’s insurance shall have the same impact as described above.



ATTACHMENT A

SAMPLE AGREEMENT FOR THE PURCHASE OF GOODS AND SERVICES

THIS AGREEMENT FOR THE PURCHASE OF GOODS AND SERVICES ("Agreement") is made __________________, 20__, between ______________ ("Contractor"), whose address is _______________________, and telephone number is ______________ and the City of Stockton, a municipal corporation ("City").

In consideration of the mutual promises set forth in this Agreement, the parties agree as follows:

1. Goods to be provided and services to be performed. Contractor shall provide the

goods and perform the services as set forth on the attached Exhibit A incorporated herein by reference. Contractor shall begin providing the goods/performing the services on ___________________________ and the term of this Agreement shall be for two years, provided, however, City, at its sole discretion, may extend this Agreement for three additional one year terms.

2. Compensation. For the goods and services under this Agreement, City shall pay

Contractor as set forth in Exhibit B incorporated herein by reference. 3. Method of Payment. City shall pay Contractor within 30 days from the date

Contractor’s invoices are approved by the City Manager. Contractor shall submit monthly invoices and must include the purchase order number. All invoices without a purchase order number will be returned to the Contractor without payment.

4. Indemnification. Contractor shall indemnify, save and hold harmless from and

defend the City, members of the City Council and employees, agents and volunteers, against any and all claims, costs, demands, causes of action, suits, losses, and expense, including attorneys fees, arising from or out of acts or omissions of Contractor, its officials, employees, agents or sub-contractors, in connection with the goods and services that the Contractor is to provide/perform under this Agreement, except where caused by the active or sole negligence of City, or City’s willful misconduct.

5. Insurance. During the term of this Agreement, Contractor shall maintain in full force

and effect at its own cost and expense the insurance coverage set forth on the attached Exhibit C and shall otherwise comply with the provisions of Exhibit C.

6. Business License. Prior to its execution of this Agreement, Contractor shall obtain a

City business license. 7. Audit. City reserves the right to periodically audit all charges for good and services

provided by Contractor.

8. Ownership of Goods. All goods accepted by the City shall be the property of the City.



9. Changes to the Agreement. This Agreement may not be modified except in writing by both parties.

10. Applicable Law. This Agreement shall be governed by the laws of the State of California and venue for any action brought in state court shall be in the Superior Court, County of San Joaquin, Stockton Branch or, for actions brought in federal court, the United States District Court for the Eastern District of California, Sacramento Division.

11. Non-Assignability. Contractor shall not assign or transfer this Agreement or any interest or obligation in this Agreement without the prior written consent of the City and then only upon such terms and conditions as City may set forth in writing.

12. Notices. All notices herein required shall be in writing and shall be sent certified or

registered mail, postage prepaid, addressed as follows: To Contractor: To City: City Manager City of Stockton 425 N. El Dorado St. Stockton, CA 95202

13. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in providing services under this Agreement on the basis of any legally protected classification including race, color, national origin, sex or religion of such person.

14. Miscellaneous Provisions.

a. City may terminate this Agreement at any time, including because City has not appropriated funds for the goods/services, with 30 days written notice by mailing such notice to Contractor at the address first stated above. Contractor shall be paid for that portion of goods provided / services provided through the date of the termination.

b. Contractor shall not assign or transfer this Agreement.

c. In the performance of this Agreement, Contractor, its employees and agents shall have the status of an independent contractor and not as an employee of the City for any purpose.

d. If either City or Contractor waives a breach of this Agreement, such waiver

shall not constitute a waiver of other or succeeding breaches of this Agreement. e. Any professional certifications or licenses that may be required by federal, state

or local law, regulations or ordinances will be at the sole cost and responsibility of Contractor and during the term of this Agreement Contractor must hold and be in good standing with all such licensing requirements.



f. City shall place orders with Contractor for all of its requirements under this Agreement except for quantities of goods under emergency conditions if Contractor is unable to provide the goods and/or where federal funds are involved and federal regulatory requirements prohibit the City’s placement of such orders.

g. Contractor shall not subcontract any of the work to be performed under the

terms of this contract. h. The physical dimensions and/or performance characteristics of the subject

merchandise as set forth in the Bid Specifications previously provided to Contractor are incorporated herein only to the extent they relate to the physical dimensions and/or performance characteristics of the merchandise.

i. Time is of the essence of this Agreement.

j. This Agreement constitutes the entire understanding of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF STOCKTON CONTRACTOR By: __________________________ Bob Deis Signature City Manager __________________________ Print name ATTEST:

Title: __________________________ ____________________________ [If Contractor is a corporation,signatures

must comply with Corporations Code §313] Bonnie Paige City Clerk APPROVED AS TO FORM: By: __________________________ Signature ___________________________ John Luebberke __________________________ City Attorney Print name

Title: __________________________



EXHIBIT A GOODS TO BE PROVIDED AND SERVICES TO BE PERFORMED

1. CONTRACTOR shall supply BULK PROPANE including two vendor owned and

maintained above ground storage tank for DWSP Water Treatment Plant (PUR 12-093) at the prices, terms and conditions hereinafter specified:

a. Supply BULK PROPANE at a mark-up from unbranded average for

Stockton of $________ per gallon including all taxes and shipment as to the specifications (see bid documents).

b. Provide two above ground storage tanks as stipulated in bid to be submitted with a monthly rental rate of $_______.

c. Install and remove equipment as stipulated in bid documents. d. Maintain and service equipment for 24/7 operation during the contract

term.

Contractor agrees to furnish all quantities ordered by City during the contract period. Quantities given are approximate usage per annum, City guarantees no minimum. City reserves the right to increase and decrease the quantities. Contractor shall not exercise right of allocation during the term of this contract.

2. Contractor shall furnish Material Safety Data Sheets (MSDS) with each delivery.

3. Contractor shall provide emergency response training to City staff as required not

less than twice annually. The first training session shall take place within sixty (60) days of contract commencement. The second training session shall take place midway through the contract period. City will provide a training room at DWSP as necessary.

4. Contractor shall remove and replace, at its own expense, any part of the material

that has been improperly provided. If they refuse or neglect to replace such defective material, it may be replaced by City at the expense of Contractor.

5. Delivery of the merchandise under this contract shall be made at any one of the

following locations as directed by City representative.

Delta Water Supply Water Treatment Plant 11373 N Lower Sacramento Road Lodi, CA 95242

All deliveries may not be limited to this site. The location of delivery shall be deemed the place of performance of this contract. Delivery shall be made within five (5) business days following receipt of notice to make delivery or as required in event of emergency. Contractor is responsible for providing adequate assistance and/or equipment necessary to load and unload their products at the delivery site. No fee or additional charge will be accepted for split loads or multiple deliveries.



Final inspection and acceptance shall be at destination. City reserves the right to conduct all inspections as it deems appropriate.

33 Purchase Contract

City of Stockton, CA & Vendor X

EXHIBIT B COMPENSATION

Contractor will supply BULK PROPANE at a mark-up from unbranded (OPIS) average for Stockton of $________ per gallon including all taxes and shipment as to the specifications (see bid documents). Contractor will furnish and install two above ground storage tank as stipulated in bid documents. City will pay monthly rental rate of $____________ for storage tanks, this price includes all maintenance and service fees associated with vendor maintenance of equipment for 24/7 operations. For out of state contractors, City will pay all applicable sales/use tax directly to the State of California for this purchase under permit number SR KHE 28-051174DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton. There is no price increase during the term of the contract.

Sample Purchase Contract City of Stockton, CA & Vendor X

-33-

BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS:

That we, Vendor/Contractor Name, a corporation, as Principal and Name of Insurance Company, a

corporation, organized and existing under the laws of the State of State and duly authorized to transact

business under the laws of the State of California, as Surety, are held and firmly bound unto the City of

Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of

California, as obligee, in the just and full sum of CONTRACT AMOUNT AND NO/100 DOLLARS ($Contract

Amount), in lawful money of the United States of America (being 100% of the contract price) for the payment

whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their

successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously

entered into a contract with the CITY, to do and perform the following work, to wit:

PURCHASE OF PROPANE PUR 12-093 NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its

subcontractor, shall well and truly perform the work contracted to be done under said contract, then this

obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision

of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said

CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from

liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the

provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on VENDOR/CONTRACTOR NAME a corporation APPROVED AS TO SURETY: By "PRINCIPAL" SURETY APPROVED AS TO FORM: JOHN LUEBBERKE OFFICE OF THE CITY ATTORNEY By ATTORNEY-IN-FACT By CITY ATTORNEY

::ODMA\GRPWISE\COS.MUD.MUD_Library:153456.1 11/1/2012

ORDERING & EMERGENCY RESPONSE INFORMATION

PROPANE PUR 12-093 SUPPLIER NAME Facility from which this product Originates:

Address

City

State Zip Code

Office No. Facsimile

Is this facility NSF/ANSI approved to delivery this product? Yes: No:

Contact for Order Placement

Name

Phone Facsimile

E-mail

BUSINESS HOURS FOR ORDER PLACEMENT:

AM TO PM TIME ZONE

Weekend ordering available: Yes No Weekend delivery available: Yes No The person(s) authorized to certify the affidavit of compliance for the Vendor:

Name:

Name:

Phone Facsimile E-mail 24-Hour Emergency Contact Information for Spill Response:

Name

Phone Facsimile

E-mail

Safety Training Available: Yes No Safety Training Materials Available: Yes No

::ODMA\GRPWISE\COS.MUD.MUD_Library:153456.1 11/1/2012

CITY OF STOCKTON CONTACTS:

Purchasing Accounts Payable Toni Hoang Loretta Gagnon Senior Buyer Accounting Office Assistant II 2501 Navy Drive 425 El Dorado Street Stockton, CA 95206-1191 Stockton, CA 95202 [email protected] [email protected] (209) 937-8350 telephone (209) 937-8231 telephone (209) 937-8755 facsimile (209) 937-7107 facsimile Operations Bret Beaudreau Chief Plant Opeator 11373 N. Lower Sacramento Road Lodi, CA 95242 [email protected] (209) 937-7455 telephone

request for sealed bid purchase of propane for the … 12-093 bid... · 2012-11-01 · city of...

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