HomeMy WebLinkAbout2018-08-28 - AGENDA REPORTS - APPROVE USE OF A PIGGYBACK CONTR FOR TRANSIT DIESE (2)Agenda Item: 5
DATE: August 28, 2018
SUBJECT: APPROVE THE USE OF A "PIGGYBACK" CONTRACT FOR THE
CITY TO PURCHASE TRANSIT DIESEL FUEL
DEPARTMENT: Neighborhood Services
PRESENTER: Cindy Valdivia
RECOMMENDED ACTION
City Council:
Approve a "piggyback" contract and award a contract for the purchase and delivery of diesel
fuel from IPC (USA), Inc. by using the City of Santa Ana Agreement with IPC (USA), Inc.,
in an amount not to exceed $550,000 per year, with options to renew through June 30, 2021.
2. Authorize the City Manager or designee to execute all contracts and associated documents, or
modify the award in the event issues of impossibility of performance arise, subject to City
Attorney approval.
BACKGROUND
All local transit vehicles are powered by compressed natural gas (CNG). The commuter fleet
uses a combination of diesel and CNG -powered vehicles. As older commuter vehicles are
retired, the City of Santa Clarita (City) is replacing them with CNG -powered buses. Currently,
the City has 15 diesel buses remaining in the fleet, with three diesel buses scheduled to be
replaced in the fall of 2018. Full conversion of the City's commuter fleet to CNG is expected to
be completed in the next three to five years.
As the remaining diesel power vehicles are retired, the use of diesel fuel will decline but will not
be completely eliminated. The emergency generator installed at the Transit Maintenance Facility
(TMF) is diesel powered and allows the City to continue critical operations during emergencies.
In 2017, an extensive analysis was conducted to determine if any changes in our Transit
operations were needed to ensure the City would receive the best quality, pricing, and service.
During this analysis, it was determined that fuel market conditions changed substantially, and the
price of diesel fuel had declined based on historical prices.
Page 1
In California, the week of August 4, 2008, the price per gallon was $4.781 for ultra-low sulphur,
No. 2 diesel compared to the week of May 1, 2017, at $2.937. Diesel prices have not reached the
2008 price during the ten years of the previous transit operations contract. This analysis led the
City to assume responsibility for direct purchase of diesel fuel, thereby avoiding any overhead
costs from the contractor.
After research, staff determined that the most efficient way to purchase this type of commodity is
through cooperative procurements or "piggybacking." This allows the City to take advantage of
pricing based on volumes larger than the City could generate on its own. On July 11, 1995, the
City Council approved the use of cooperative "piggybacking" purchasing. This process permits
the City to place orders against a competitively awarded, existing public agency contract.
A recent cost analysis revealed that the City of Santa Ana's contract with IPC (USA), Inc., for
the purchase and delivery of diesel fuel provides competitive pricing and the best value to the
City. The City of Santa Ana Agreement with IPC (USA), Inc., was competitively procured and
the City of Santa Ana entered into a five-year agreement, which began on January 1, 2018. This
agreement allows outside agencies to enter into a separate agreement with IPC (USA), Inc.,
based on the rates and terms outlined in their contract. By "piggybacking" the City is able to
secure competitive rates and avoid the costly and time consuming procurement process.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Funds were appropriated during the Fiscal Year 2018-19 budget process in Transit expenditure
account 12400-5111.002. This action does not require the use of General Fund monies.
ATTACHMENTS
Acceptance Letter - IPC
Scope of Work
IPC RFP and Agreement (available in the City Clerk's Reading File)
Page 2
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SCOPE OF WORK — DIESEL FUEL DELIVERY
The City of Santa Clarita currently has an on-going need for diesel fuel delivery in order to fuel the City's
diesel bus fleet as well as the building's emergency backup generator.
Diesel Tanks
• Manufacturer: Containment Solutions (A Denali Company)
• Model: LP 10000
• Year Built: 01 / 2005
• The City currently has two, aboveground, single compartment 10,000 gallon tanks, for a total of
20,000 gallons.
• Both tanks are located at the Transit Maintenance Facility yard (28283 Alta Vista Avenue, Santa
Clarita, CA 91355).
Scope of Work
• Fuel must be delivered within Forty-eight (48) hours of order, excluding Federal Holidays.
• All delivery vehicles must maintain a five (5) mile per hour speed limit once inside of the bus
yard in order to access the fuel tanks. Tanks are located on the southeast corner of the property
• The proposed contractor will provide all labor and equipment associated with delivery of fuel to
the City's fuel tanks at the Transit Maintenance yard.
• The City anticipates placing an average of two 8,000 gallon orders per month
Requirements:
1) Deliver diesel to the City within forty-eight (48) hours of request by the City, excluding Federal
Holidays.
2) Provide emergency fuel to the City on a first serve basis. For purposes of this scope, first -serve
basis means contractor will deliver fuel to the City before delivering fuel to non-governmental
agencies.
3) Proper wipe down of tanks and equipment must be provided after each delivery if any fuel is Y
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4) Any spills that occur as a result of fuel delivery must be properly cleaned before leaving the o
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5) Only provide fuel from Environmental Protection Agency (EPA) registered terminals. 0
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6) Diesel fuel shall meet the following specifications: Ultra Low Sulfur Diesel Fuel for use in over }
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7) Delivery staff will have on-site access to the City's fuel monitoring system, and will be required
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amount of fuel ordered is being delivered.
REQUEST FOR PROPOSALS
(RFP 17-108)
FOR
FUEL — GASOLINE AND DIESEL
CITY OF SANTA ANA
Finance & Management Services Agency
20 Civic Center Plaza
Santa Ana, CA 92701
John Aguilar
Facilities & Fleet Manager
(714) 647-5008 Office
laguilar@santa-ana.org
KEY RFP DATES:
RFP 17-108 Issue Date: ............................ 10/2/17
Proposal Due Date: ................................... 11 /2/17 — 02:00 pm
Proposal Evaluations: ............................... Week of 11/6/17
Projected Award Date: .............................. 12/19/17
RFP Fuel 17-108 — Gasoline and Diesel
Page 1
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide gasoline and
diesel fuel delivery.
Responses to the Request for Proposals (RFP) will be accepted until November 2, 2017 at 2:00 pm. If
further information is required, contact Chris Laugenour — Project Manager at claugenour@santa-
ana.org.
All notifications, updates and addenda will be posted on City's bid management and publications website
at www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be responsible for
monitoring the site to obtain information regarding this solicitation. Failure to respond to required
updates may result in a determination of a nonresponsive proposal.
MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted when labeled as follows:
CITY OF SANTA ANA
PURCHASING DIVISION M-16
20 CIVIC CENTER PLAZA RM 429
SANTA ANA, CA 92701-4058
SEALED RFP 17-108
RFP DATE: 10/2/17
RFP DUE: 11/2/17, 2:00 PM
It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to
be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this
Request for Proposals shall be made in writing via e-mail to claugenour@santa-ana.org.
The receiving time in the Purchasing Division, 20 Civic Center Plaza, Santa Ana, CA 92701, Room 429,
will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will
be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted.
ONLY SEALED RFP RESPONSES ARE ACCEPTABLE.
DO NOT E-MAIL RFP RESPONSES.
DO NOT FAX RFP RESPONSES.
RFP 17-108 Fuel — Gasoline and Diesel
Page 2
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CITY OF SANTA ANA
REQUEST FOR PROPOSAL NO. 17-108
FUEL — GASOLINE AND DIESEL
TABLE OF CONTENTS
RFP 17-108 Fuel — Gasoline and Diesel
Page 3
PAGE
I. INTRODUCTION..................................................................................................
4
II. PERIOD OF CONTRACT.....................................................................................
4
III. FILING A PROTEST.............................................................................................
4
IV. SCOPE OF WORK/SERVICES............................................................................
4
V. GENERAL INFORMATION..................................................................................
5
VI. COORDINATION.................................................................................................
5
VII. PROPOSER RESPONSIBILITIES........................................................................
5
VIII. LICENSE REQUIREMENTS................................................................................
5
IX. INITIATION/KICKOFF MEETING.........................................................................
5
X. CITY BUSINESS LICENSE..................................................................................
5
XI. ADDENDA............................................................................................................
6
XII. RULES FOR PROPOSALS..................................................................................
6
XIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS.......
6
XIV. SUBMITTAL INFORMATION AND DEADLINE ....................................................
6
XV. SUBMITTAL REQUIREMENTS............................................................................
6
XVI. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION .........................
7
XVII. LOCAL VENDOR PREFERENCE........................................................................
8
XVIII. PUBLIC RECORDS..............................................................................................
8
XIX. SUBCONTRACTING............................................................................................
8
XX. PIGGYBACK PROVISION....................................................................................
8
EXHIBIT A SCOPE OF SERVICES & SPECIFICATIONS.................................................
9-11
EXHIBIT B SAMPLE AGREEMENT..................................................................................
12-17
EXHIBIT C PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING .................
18-20
EXHIBIT D OFFERERS REFERENCES...........................................................................
21
EXHIBIT E PROPOSERS STATEMENT...........................................................................
22
EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR .................
23-24
EXHIBIT G RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE............
25-27
EXHIBIT H NONCOLLUSION AFFIDAVIT.........................................................................
28
EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT ......................................
29
RFP 17-108 Fuel — Gasoline and Diesel
Page 3
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
I. INTRODUCTION
The City of Santa Ana invites sealed proposals from qualified contractors for the delivery and
purchase of unleaded and diesel fuel for City vehicles. Regular fuel deliveries will be made to the
Santa Ana Corporate Yard at 215 S. Center Street, Santa Ana, CA 92703 and the Santa Ana
Police Department at 60 Civic Center Plaza, Santa Ana, CA 92702.
II. PERIOD OF CONTRACT
The contract is anticipated to commence on January 1, 2018 and will last for a period of five (5)
years.
III. FILING A PROTEST
Proposers may file a protest to a Request for Proposal with the City's Purchasing Division. In
order for a protest to be considered valid, it must:
1. Be filed in writing within (5) business days after the RFP issue date or before 5:00 p.m. of the
5th business day following the posting of RFP Results/Notice of Intent to Award Contract on
the City's website;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the
protest is valid, the City's Purchasing Manager, or other designated City staff member, shall
review the basis of the protest and all relevant information. The Purchasing Manager will provide
a written decision to the protestor within ten (10) business days from receipt of the protest. The
decision from the Purchasing Manager, or designee, is final and no further appeals will be
considered.
IV. SCOPE OF WORK/SERVICES
The scope of work shall include any and all work as set forth in EXHIBIT A - SCOPE OF
SERVICES.
The contractor shall be an independent contractor capable of providing experienced,
knowledgeable and professional staff. The contractor shall be responsive and maintain excellent
working relationships with government officials and City staff. The contractor shall comply with all
applicable federal, state and local laws, rules, regulations, ordinances, and statutes.
RFP 17-108 Fuel — Gasoline and Diesel
Page 4
a
VI.
VII.
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GENERAL INFORMATION
A. The contract will commence following the contract award by the City Council and approval of
any insurance certificates required by the Risk Management Office.
B. When determined appropriate, the City will provide information in its possession relevant to
preparation of required information in RFP. The City will provide only the staff assistance and
documentation specifically referred to herein.
C. The proposer shall be responsible for retaining data, records and documentation for the
preparation of the required information. These materials shall be made available to the City
as requested by the City.
D. This RFP does not commit the City to pay costs incurred in preparation of a response to this
RFP. All costs incurred in the preparation of the proposal, the submission of additional
information, attendance at pre -proposal conference, negotiations with City, and/or any other
aspect of a proposal prior to award of a written contract will be borne by the proposer. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any informality or technical defect in the proposal.
E. All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary information shall
be maintained confidential, to the extent allowed under the California Public Records Act.
F. The City reserves the right to reject, replace and approve any and all sub -contractors. All
sub-contractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any sub-contractor(s). Sub -contractors shall be the responsibility of the Prime
Contractor and the City shall assume no liability of such subcontractors.
COORDINATION
Coordination by the awarded proposer with the City, other contractors, and agencies' staff may
be required to achieve satisfactory and timely delivery of the required services. Coordination may
include, but not be limited to, coordination with staff at various facilities throughout the city.
PROPOSER RESPONSIBILITIES
The selected proposer will assume responsibilities for all services in its proposal. The selected
proposer shall identify a sole point of contact with the greatest knowledge in regard to the
required service operations and contractual matters, including payment of any and all charges
resulting from the Agreement.
LICENSE REQUIREMENTS
In accordance with Section 3300 of the California Public Contract Code, the City has determined
that the proposer shall possess any appropriate license(s) in the classification specified in the
Request for Proposals.
INITIATION/KICK OFF MEETING
The successful proposer will be required to
services or at any time as required by the
including transition of services and scheduling.
CITY BUSINESS LICENSE
meet with City staff prior to commencement of
City, to discuss and agree on operational issues
The selected proposer may be required to obtain a City of Santa Ana Business license within
thirty (30) days of selection and must provide a copy to the Project Manager or designee prior to
commencing any work in Santa Ana.
RFP 17-108 Fuel — Gasoline and Diesel
Page 5
XI. ADDENDA
Any subsequent changes in RFP from the date of preparation to date of submittal will result in an
addendum or amendment by the issuing office. Notification of such addendum or amendment
shall be effected by posting on City's website, as set forth in the Request for Proposals.
XII. RULES FOR PROPOSALS
The signer of the RFP must declare in writing that the only person, persons, company, or parties
interested in the proposal as principals are named therein; that the proposal is made without
collusion with any other person, persons, company, or parties submitting a proposal; that it is in
all respects fair and in good faith without collusion or fraud, and that the signer of the proposal
has full authority to bind the proposer (Exhibit H).
XIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS
To facilitate the RFP process, proposers are required to monitor the City's RFP management and
publications website. No oral interpretations will be made by the City to any proposer as to the
meaning of requirements identified herein, including the Scope of Services and Terms and
Conditions. All requests for such an interpretation must be made in writing via e-mail to the
Project Manager of record no fewer than ten (10) business days prior to the date and time set
for opening of proposals. Significant interpretations or clarification will be made by an addendum
to this RFP, which will be posted to the website. Addenda may become part of the agreement
documents.
XIV. SUBMITTAL INFORMATION AND DEADLINE
Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the
Request for Proposals. Faxed and e-mail proposals will not be accepted.
XV. SUBMITTAL REQUIREMENTS
The RFP is intended to assess and evaluate each firm's capabilities as they apply to the
proposed project.
Submittal of Proposal
A. One original and three (3) copies of the response to the RFP. The original proposal shall
bear the signature of a company official with the power to legally bind the company.
B. One (1) copy of the submittal on a compact disc, USB flash drive or equivalent.
C. Structure your proposal to include the Scope of Services response, general time
implementation schedule, fees/contract price, and exhibits.
Each firm must address each of the following items in its response to the RFP:
Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must
be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers
and exhibits). The page limitation includes all appendices, attachments, and supplemental
information.
The following information is required:
1. Cover Letter — A letter signed by a principal or authorized representative who can make
legally binding commitments for the entity.
2. Firm and Personnel Experience: A profile of the firm's experience in provide fuel delivery
of similar sized jurisdictions, including the names and experience of personnel and sub-
contractors who will be providing services. At a minimum, this should include the project
RFP 17-108 Fuel — Gasoline and Diesel
Page 6
XVI.
manager/principal agent, The project manager/principal agent shall be the primary contact
person to represent your firm and will be the person to conduct the presentation, if invited
for an interview.
3. Financial Responsibility (Capacity): Proposer shall submit its two (2) most recent audited
financial statements, evidencing proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day
period. If said financial statement does not reflect full ninety (90) -day operational
capacity, proposer may include a letter of credit as evidence of supplemental capacity.
A.
EXHIBIT C:
PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING
B.
EXHIBIT D:
OFFERORS REFERENCES
C.
EXHIBIT E:
PROPOSERS STATEMENT
D.
EXHIBIT F:
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
E.
EXHIBIT G:
RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE
F.
EXHIBIT H:
NON -COLLUSION AFFIDAVIT
G.
EXHIBIT I:
SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY POLICY
The proposal must be completely responsive to the RFP. Any exceptions to the
requirements of this RFP must be included in the proposal. Such exceptions must be
included as a separate element of the proposal entitled "Exceptions and Deviations." The
Facilities Maintenance Superintendent, in conjunction with the Finance and Management
Services Agency, may authorize or deny any exceptions.
H. The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City
reserves the right to waive minor inconsistencies in submitted Proposals.
CONTRACTOR SELECTION — PROPOSAL AND EVALUATION
The proposals may be reviewed by a panel of City team members or outside experts. If an
Evaluation Panel is convened, in addition to the required information stated in the section above,
the panel will evaluate proposers based on the response to the RFP and the City evaluation
criteria set forth below. A final score will be calculated for each submitted proposal and used to
rank the proposers. The panel may interview the top tier of proposers and recommend award of
the contract to the proposer who will provide the best quality service at minimum cost to the City.
The City reserves the right to negotiate pricing and for additional terms. City reserves the right to
begin negotiations and enter into a contract without interview or further discussions.
Evaluation Criteria
1. Experience —Company's experience in providing fuel delivery services of a similar scale and
financial stability. Please list some other projects and their size. — 40%
2. Adherence to RFP Requirements — 20%
3. References — 20%
4. Price structure— 20%
RFP 17-108 Fuel — Gasoline and Diesel
Page 7
XVII. LOCAL VENDOR PREFERENCE
For evaluation purposes qualified proposers may receive one of the following: a 7% preference
for "small" Santa Ana businesses, or a 4% preference for "small" Orange County businesses, is
given respectively on all qualifying proposals for materials, supplies, labor, equipment or services,
pursuant to the Small Local Business Preference Program under Ordinance NS -2828. Small
Local Business Preference eligibility requirements are available on the City's website at
www.ci.santa-ana.ca.us/finance/local preference program.asp. Vendors located within the City
of Santa Ana limits that do not qualify for the small local business preference program may
receive a 1% local vendor preference.
XVIII. PUBLIC RECORDS
Proposals will become public record after award of contract. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
XIX. SUBCONTRACTING
In no manner shall the use of subcontractors in any way alter the prime position of the awarded
Vendor with relation to the contract resulting from this solicitation. Should a subcontractor be
used in any capacity, the responsibility for every portion of the contract shall still remain with the
awarded Vendor.
XX. PIGGYBACK PROVISION
Vendors are requested to indicate in their proposal if they will extend the pricing, terms and
conditions of this contract to other government agencies, should the Proposer be the awarded
Vendor. If the awarded Vendor agrees to this provision, participating agencies may enter into a
separate contract with the awarded Vendor for the purchase of the same commodities based on the
terms, conditions, and prices, offered by the awarded Vendor to the City of Santa Ana for this
solicitation. Minor changes in terms and conditions may be negotiated between participating
agencies and the awarded Vendor.
THIS AREA LEFT BLANK INTENTIONALLY
RFP 17-108 Fuel — Gasoline and Diesel
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EXHIBIT A
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
SCOPE OF SERVICES & SPECIFICATIONS
The City of Santa Ana seeks a contractor/vendor to provide the delivery of Unleaded Gasoline and
Diesel fuel to existing underground storage tanks at the City's Corporation Yard and Police
Administrative Facility.
ESTIMATED ANNUAL VOLUME OF FUEL PURCHASES
Unleaded 87 Octane — 400,000 gallons
Diesel — 15,000 gallons
Volume estimates are based on historical records. The City anticipates an increase in these totals due to
an upcoming agreement with Orange County Fire Authority to purchase fuel from the City.
DELIVERY LOCATIONS AND UNDERGROUND TANK SIZES
Corporate Yard
215 S Center
Santa Ana, CA 92703
Three (3) 20,000 gallons tanks for unleaded fuel
One (1) 20,000 gallon tank for diesel fuel
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
One (1) 20,000 gallon tank for unleaded fuel
One (1) 6,000 gallon tank for Red Diesel (one delivery per year @ 200-300 gallons, emergency
generator)
One (1) Above -Ground 250 gallon tank for Red Diesel (one delivery per year @ 150 gallons)
DELIVERY REQUIREMENTS
Delivery must be made within two (2) working days after receipt of order. All purchases for underground
storage tanks will be a full load.
Currently averaging one (1) - two (2) full load deliveries per month at both Corporate Yard and Police
Department
RFP 17-108 Fuel — Gasoline and Diesel
Page 9
PRICING AND INVOICING
The contract bid price shall include full compensation for providing all required services as specified in
scope of work. NO additional compensation will be allowed.
For purposes of payment, it shall be the Los Angeles California OPIS Gross 10AM EST Daily Rack
Average with CAR report.
Pricing on the invoices shall indicate OPIS price for day of delivery and also the price being charged to
City.
Delivery rate and total delivery charge shall be separate line item and shall not be combined with fuel
costs when computing sales tax.
QUALITY OF FUELS
Fuel provided must meet the latest requirements of the California Air Resources Board (CARB) Phase 2
Reformulated Gasoline and Diesel.
Only major oil company quality fuels meeting the following specifications are to be quoted and/or
awarded.
Gasoline shall be unleaded regular 87 Octane minimum.
Diesel Fuel shall be Type 2 Clear.
VENDOR/SUPPLIER RESPONSIBILITY
Vendor shall be held liable for any damage or criminal/civil citations which may occur as a result of any
spills and/or accidents. In addition, the City reserves the right to cancel the agreement of the
Vendor/Supplier, notwithstanding compliance with the procedures set forth herein, delivers in a negligent
manner or who, under any circumstances, causes a spill while delivering.
Vendor shall have title to and bear risk of loss of or damage to the items purchased hereunder until they
are delivered in conformity with this agreement at the F.O.B. point specified herein, and upon such
delivery title shall pass, except for loss or damage result from Vendor's negligence. Passing of title upon
such delivery shall not constitute acceptance of the item by the City.
It is the responsibility of the Vendor/Supplier to have the delivering driver measure each fuel tank using
City's Veeder Root system before and after each delivery.
All deliveries shall be made between 7:00 am to 5:00 pm Monday through Friday, except when orders
state that the deliveries must be made at a different time
TEMPERATURE CORRECTION
Vendor shall correct or adjust gasoline and diesel deliveries so as to be stated, billed, and paid for on the
basis of such gasoline and diesel fuel at sixty (60) degrees temperature, using methods that are
accepted as being in general use for this method of adjusting volumetric quantities to temperature
conditions.
RFP 17-108 Fuel — Gasoline and Diesel
Page 10
MATERIAL SAFETY DATA SHEETS
In compliance with Title 8 of the California Code of Regulations (OSHA), the City requires two (2) copies
of the U.S. Department of Labor — Material Safety Data sheet for item(s) purchased. The material safety
data sheet shall be submitted to the using department at the time of delivery.
SOURCE GUARANTEE
Vendors who do not own refineries shall have contracts or written irrevocable commitments to contract
with refiners which are capable of supplying products which meet fuel specifications in the quantities
listed herein.
Contracts or commitments must guarantee supply in the required amounts for the term of any contract
resulting from the RFP. Failure to include source guarantee documentation may void response if the City
has no prior experience with the vendor.
RECORD KEEPING
Vendor shall maintain records of the City's purchases and make them available for audit and inspection.
Vendor shall record the quantities, cost, delivery locations, and taxes for each delivery. Vendor shall
provide the City with a copy of such records within ten (10) days of the City's request.
TAXES
The City is exempt from Federal Excise taxes and no payment shall be made for any personal property
taxes levied on the Vendor or on any taxes levied on employee wages.
The City will only pay for any state and local sales or use taxes on the products pursuant to this contract.
RFP 17-108 Fuel — Gasoline and Diesel
Page 11
EXHIBIT B
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108 FOR FUEL — GASOLINE AND DIESEL
SAMPLE AGREEMENT
THIS AGREEMENT, made and entered into this 00th day of Month, 0000 by and between Successful
Proposer (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
1. The City desires to retain a Contractor having special skill and knowledge in the field of [profession].
2. Contractor represents that Contractor is able and willing to provide- such services to the City and is
licensed by the State of California to provide [service].
3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its
field and that any services performed by Contractor under this Agreement will be performed in
compliance with such standards as may reasonably be expected from a professional [service] firm.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows,:
I. DEFINITIONS
II. TERMS AND CONDITIONS
A. TERM
The term of this contract shall cf
insurance and bonds, and terming
in Section H, below. City is hers
[number]—year periods on the to
exercised in writing at least thirty
thereof.
B. CONTINUED FUNDI
mce the date of City Council award and approval of all
DNTH, DAY, YEAR, unless earlier terminated as set forth
Iranted an option to renew for up to [number] additional
and conditions set forth herein. Said options shall be
days prior to the end of the initial term or any extension
In the event funding is not allocated for [services] during the annual budget approval process, the
City shall notify the 'provider ,of such occurrence in writing at least thirty (30) days before the end
of the current fiscal period, and contract shall terminate on the last day of current fiscal period
without penalty or expense to the City
C. COMPENSATION
1. City agrees to pay and contractor agrees to accept as total payment for its services, the rates
and charges set forth in contractor's proposal, attached hereto and incorporated by reference.
The amount to be expended for services shall not exceed [dollar amount] [$0,000] annually
during the term of this agreement.
2. Invoices
a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the
services rendered in the prior month. Invoices are to be mailed to City of Santa Ana,
Purchasing Div. M-16, P.O. Box 1988, Santa Ana, CA 92702, with a copy furnished to
[designated City Representative].
RFP 17-108 Fuel — Gasoline and Diesel
Page 12
b. All invoices for work performed under this contract shall be submitted in a format approved by
the City. Invoices shall include the following information at a minimum:
i. Contractor's invoice number
ii. Beginning and ending dates for services
iii. City Purchase Order, Project Number and/or name (if applicable)
iv. Work site address/location (if applicable)
V. Unit cost, subtotals and total for invoice
3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to
City accounting procedures. Payment need not be made for work which fails to meet the
standards of performance of a professional parking control enforcement services.
4. Price Adjustments (where appIllicdNe)
The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing
at the end of the first year of the agreement, utilizing the month of December statistics and
supporting documentation. The two indices which will be used for determining adjustments to
services charges shall be the most recent December Consumer Price Index (CPI) for All
Urban Consumers for Los Angeles -Anaheim -Riverside CMSA, published by the United States
Department of Labor Bureau of Labor Statistics or any relevantsuccessor for the Orange
County area (and the December Produce Price Index (PPI). The adjustment formula shall be
as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten
[10] percent.)
5. Extra Work
No new work of any kind shall be considered an extra unless a separate estimate is given for
said work and the estimate is approved by the City in writing before the work is commenced.
The contractor will be required' to provide detailed information of such extra work.
Documentation of contract compliance may be required, on some occasions. Work performed
prior to obtaining written approval of the City shall not be included within the Scope of Work
and may not be paid.
D. INDEPENDENT CONTRACTOR
Contractor shall during the entire term of this contract, be construed to be an independent
contractor and not an employee of the City. This contract is not intended nor shall it be construed
to create an employer-employee relationship, a joint venture relationship, or to allow the City to
exercise discretion or control over the manner in which contractor performs the services required
by this contract. However, the services to be provided by contractor shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment
insurance, and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
E. INSURANCE
Prior to undertaking performance of work under this contract, contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
1. Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting there from and damage to property,
resulting from any act or occurrence arising out of contractor's operations in the performance
of this agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting therefrom, and property damage, in the total amount
of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the
RFP 17-108 Fuel — Gasoline and Diesel
Page 13
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers, and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insured provisions. A sample additional insured endorsement is
attached hereto as Exhibit I.
2. Business automobile liability insurance, or equivalent form, with a combined single limit of not
less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, contractor is required to be insured against liability for Workers' Compensation
or to undertake self-insurance. Prior to commencing the performance of the work under this
contract, contractor agrees to obtain and maintain any employer's liability insurance with limits
not less than One Million Dollars ($1,000,000) per incident.
4. If contractor is or employs a licensed professional such, as
Professional liability (errors and omissions) insurance, with a core
than One Million Dollars ($1,000,000) per claim.
5. The following requirements apply to the insuran
this section:
a. Contractor shall maintain all insurance
period covered by this agreement.
b. Certificates of insurance shall be furn
shall be approved in form by the City,
c. Certificates and policies shall state tl
coverage or cnangea in any
notice to the Citv.
6. If contractor fails or refuses to produ
fails or refuses to furnish the City Witt
in force and paid for, the City shall he
this contract. Such ,termination shal
materials expended prior to notificatk
compensation and agrees to indemn
insurance by the City.
F. HOLD HARMLESS/ INDEMNIFICATION
rial
be provi(
)ove in full
City upon
rchitect or engineer:
single limit of not less
pursuant to
effect for the entire
cution of this contract and
icies shall not be canceled or reduced in
aect without thirty (30) days prior written
or maintain the insurance required by this section or
squired proof that insurance has been procured and is
the right, at the City's election, to forthwith terminate
Dt affect contractor's right to be paid for its time and
of termination. Contractor waives the right to receive
the City for any work performed prior to approval of
To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City,
its officers, agents and employees (collectively, the "indemnified parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any
work performed or services provided under this contract (including, without limitation, defects in
workmanship and/or materials) or contractor's presence or activities conducted performing the
work (including the negligent and/or willful acts, errors and/or omissions of contractor, its
principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable for any or all of
them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to
indemnify the indemnified parties from any claim arising from the sole negligence or willful
misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing
any award of attorney's fees in any action on or to enforce the terms of this contract. This
RFP 17-108 Fuel — Gasoline and Diesel
Page 14
indemnity 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 the contractor.
G. NOTICE
Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class
or certified mail, postage prepaid, sent by facsimile communication, or via e-mail to the following
persons:
To City: Clerk of the Council
Citv of Santa Ana
H. TEI
Th(
2.
3
sions of this
s agreement,
ich default to
d of [number]
ass liquidated
ictor's project
agreement or
termination.
ment costs of
i the event of
in specified in
n. Contractor
written notice
V shall pay to
�d and unpaid
aw, City shall
ict services if,
falls below
ervices. City
shall have the right to retain funds withheld until the projects manager or designee determines
that contract services are performed as well and as frequently as required by this agreement.
I. CONTRACTOR OPTION FOR TERMINATION
The contractor may request termination of the contract when conditions during the contract make
it impossible to perform or when prevented from proceeding with the contract by act of God, by
law or official action of a public authority or in the event on nonpayment by the City. Such request
will require one -hundred eighty (180) days written notice prior to contract termination date
requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the
City thirty (30) working days to cure the alleged breach.
RFP 17-108 Fuel — Gasoline and Diesel
Page 15
J. LIQUIDATED DAMAGES
If the City determines that the contractor breaches its promise to provide services in compliance
with the Terms and Conditions of applicable laws and regulations, and the specifications set forth
above, it would be impracticable and extremely difficult to determine the damage to City arising
from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the
sum of [see narrative] for such breach, in addition to any cost, fines, etc. levied against the City.
K. REMEDY FOR FAILURE TO PERFORM
The Contractor may be called to correct deficiencies in adherence to the General Specifications
at no additional cost to the City. Response time should be as soon as possible, but shall be no
more than two (2) hours from the receipt of the call during normal business hours.
Hours not worked will be deducted from monthly payments if these hours are persistent, or if a
quality control issue appears. Deduction for hours not worked does not constitute a waiver of the
specifications or acceptance of the conditions of performance. Contractor's failure to perform
under the term and frequencies specified herein may result in a reduction in the monthly payment
due the Contractor, or termination of the contract. The types of reductions described below may,
at the City's discretion and after notification to the Contractor, be imposed for any deficiencies
and/or failures to provide remedies.
Immediate response requires the Contr
the previous night. The deficiencies she
and/or to negatively affect the enjoym
immediate response are those that advi
but not be limited to, failure to properl
areas. Should the Contractor fail to rest
sole discretion, deduct a portion of the
infraction.
L. EMPLOYMENT OPPO
to report to the job site to correct deficiencies from
of such a nature as to warrant immediate correction
ind/or use of the building. Deficiencies requiring
affect the building's occupants. This may include,
tock dispensers and/or to properly clean specified
as required to make corrections, the City may, at its
ment for one day depending on the nature of the
IDENTS
Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the contractor of areas to publicize recruitment opportunities, such as work centers
and community centers. Such effort and procedure will be provided to the City for review.
M. EMPLOYMENT OF, DISPLACED SANTA ANA WORKFORCE
When applicable, the contractor shall extend offers of employment to any displaced City of Santa
Ana employee for a minimum of one (1) year and at a rate commensurate to his/her last base
salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay
according to the contractor normal pay structure. Contractor costs should be amortized over the
N. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
1. Contractor shall perform all requirements under this contract in strict observance of and in
compliance With all applicable environmental, traffic, safety and any other laws, regulations,
ordinances, codes and any other legislative or statutory requirements.
2. Contractor warrants that the performance of services under this contract shall be compliant with
the current requirements of the [applicable &relevant statutes and/or regulations] and as it may be
amended or updated throughout the term of this contract.
N. ASSIGNMENT
Inasmuch as this contract is intended to secure the specialized services of contractor, contractor
may not assign, transfer, delegate or subcontract any interest herein without the prior written
consent of City and any such assignment, transfer; delegation or subcontract without the City's
prior written consent shall be considered null and void.
RFP 17-108 Fuel — Gasoline and Diesel
Page 16
O. JURISDICTION —VENUE
This contract has been executed and delivered in the State of California and the validity,
interpretation, performance and enforcement of any of the clauses of this contract shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought
or arise out of, in connection with or by reason of this contract.
P. FINES
The contractor shall be liable for all violation fines levied against the City by federal, state, or local
agencies with regulatory authority related to contractor provided services.
Q. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully: set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO
SONIA R. CARVALHO
City Attorney
Assistant City Attorney
HIA J
1,City
TA
RTZ
RECOMMENDED FOR APPROVAL: CONTRACTOR:
[Department Executive
[Agency]
Tax I D#
RFP 17-108 Fuel — Gasoline and Diesel
Page 17
EXHIBIT C
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the
scope of work locations. I am familiar with all the existing conditions and limitation that may impact work
requests. I understand and agree that I am responsible for reporting any errors, omissions or
discrepancies to the City for clarification prior to the submission of my proposal.
Proposal Item Price - Pricing shall
indicated discount percentage from
Fee must be inclusive of all cost!
overhead, incidental supplies, trav(
purchased by the contractor only
designee in writing.
LEGAL NAME OF COMPANY
BUSINESS ADDRESS
be stated on the contractor's RFP response submission, and as any
the catalog(s) or category purchasing contract(s) indicated (if any).
, including but not limited to, direct and indirect costs for labor,
I, mileage, fuel and shipping/freight. Any special materials will be
after discussed and authorized by the City projects manager or
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT
FEDERAL ID NUMBER (IF APPLICABLE)
Tel: F
PHONE AND FAX NUMBERS
TITLE
DATE E-MAIL ADDRESS
CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 17-108 Fuel — Gasoline and Diesel
Page 18
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
BID FORM
PRICING SHEET
Reaular Unleaded Gasoline
Gasoline prices (four decimal places, i.e. 0.0000)
87 OCTANE
Bulk fuels full truck and trailer Delivery size: 7,000+ gallons
OPIS Plus
cents per gallon
Or Minus
cents per gallon
Delivery
cents per gallon
Other (specify)
cents per gallon
Applicable Discount(s)
cents per gallon
Total OPIS +
net cents per gallon
Smaller Tank less than full truck
Delivery size: 3,500 — 6,999 gallons
OPIS Plus
cents per gallon
Or Minus
cents per gallon
Delivery
cents per gallon
Other (specify)
cents per gallon
Applicable Discount(s)
cents per gallon
Total OPIS +
net cents per gallon
Large bulk deliveries exceeding
7,000 gallons could include a combined load of gasoline and
diesel.
Please indicate any split load surcharges
in the other category if applicable. Split load
surcharges not stated herein will
not be allowed on any invoices during the contract.
RFP 17-108 Fuel — Gasoline and Diesel
Page 19
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
BID FORM
PRICING SHEET
Diesel — Type 2 Clear
Diesel prices (four decimal places, i.e. 0.0000)
Bulk fuels full truck and trailer
OPIS Plus
Or Minus
Delivery
Other (specify)
Applicable Discount(s)
Total OPIS +
Smaller Tank less than full truck
OPIS Plus
Or Minus
Delivery
Other (specify)
Applicable Discount(s)
Total OPIS +
Delivery size: 7,000+ gallons
Delivery size: 3,500 — 6,999 gallons
Alternative Renewable Diesel (meeting ASTM D975 specs) $
RFP 17-108 Fuel — Gasoline and Diesel
Page 20
cents per gallon
cents per gallon
cents per gallon
cents per gallon
cents per gallon
net cents per gallon
cents per gallon
cents per gallon
cents per gallon
cents per gallon
cents per gallon
net cents per gallon
per gallon
EXHIBIT D
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
REFERENCES
List and describe in full the contracts performed by your firm which demonstrate your ability to provide
the supplies, equipment or services included in the scope of the proposal specifications. Attach
additional pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference 1
Customer Name:
Contact Individual:
Address: Phone Number:
Contract Amount:
Description of supplies, equipment, or services provided:
Reference 2
Customer Name:
Fax Number:
Year(s):
Contact Individual:
Address: Phone Number:
Contract Amount:
Description of supplies, equipment, or services provided:
Reference 3
Customer Name:
Address:
Contract Amount:
Description of supplies, equipment, or services provided:
Fax Number:
Year(s):
Contact Individual:
Phone Number:
Fax Number:
Year(s):
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 17-108 Fuel — Gasoline and Diesel
Page 21
EXHIBIT E
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in
the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the
contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm Name
Authorized Signature
Printed Name
Title Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 17-108 Fuel — Gasoline and Diesel
Page 22
EXHIBIT F
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:
The contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor; state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his/her books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further government contracts or
federally assisted construction/services contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the
provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or
purchase order as the administering agency may direct as means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or
is threatened with, litigation by a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request that the United States enter into such litigation to
protect the interests of the United States.
RFP 17-108 Fuel — Gasoline and Diesel
Page 23
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as
amended, no discrimination shall be made in the employment of persons because of race, religious
creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons, except as provided in Section 1420, and any contractor violating this section is subject to all the
penalties imposed for a violation of the chapter.
Firm Name
Authorized Signature
Printed Name
Title Date
THIS AREA LEFT BLANK INTENTIONALLY
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 17-108 Fuel — Gasoline and Diesel
Page 24
EXHIBIT G
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE
How many years has your organization been in business in California as a contractor under your
present business name and license number? years
Note: If you performed same business under a different business name with same ownership and
operation management and changed name due to, but not limited to, bankruptcy, loss, or license,
please complete an additional and separate questionnaire.
2. What is your firm's average gross revenue for the last three years? $
3. Is your firm currently the debtor in a bankruptcy case? ❑Yes ❑No
If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.
Case Number Bankruptcy Court Date Filed
4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a
bankruptcy action that was not described in answer to Question 3, above.) ❑Yes ❑No
If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.
Case Number Bankruptcy Court Date Filed
5. Has any California State License Board License held by your firm or its responsible managing
employee, or responsible managing officer, been suspended within the last five years?
❑Yes ❑No
6. At any time in the last five years, has your firm been assessed and paid liquidated damages after
completion of a project, under a services contract with either a public or private owner?
❑Yes ❑No
7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No
If "yes," explain on a separate page.
8. In the last five years has your firm, or any firm with which any of your company's owners, officers or
partners was associated, been debarred, disqualified, removed, or otherwise prevented from
bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No
If "yes," explain on a separate page. State the name of the organization debarred, the year of the
event, the owner of the project, and the basis for the action.
9. In the past five years, has any claim against your firm concerning your firm's work on a project,
been filed in court or arbitration? ❑ Yes ❑ No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim,
name of the claimant, the name of the entity the claim was filed against, a brief description of the
nature of the claim, the court and case number, and a brief description of the status of the claim
(pending or, if resolved, a brief description of the resolution.)
RFP 17-108 Fuel — Gasoline and Diesel
Page 25
10. In the past five years, has your firm made any claim against a project owner concerning work on a
project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim,
name of the claimant, the name of the entity the claim was filed against, a brief description of the
nature of the claim, the court and case number, and a brief description of the status of the claim
(pending, or if resolved, a brief description of the resolution.)
11. At any time during the past five years, has any surety company made any payments on your firm's
behalf as a result of a default, to satisfy any claims made against a performance or payment bond
issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No
12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew an
insurance policy for your firm? ❑ Yes ❑ No
13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty
in a criminal action, for making any false claim or material misrepresentation to any public agency
or entity? ❑ Yes ❑ No
14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state
crime of fraud, theft, or any other act of dishonesty? ❑Yes ❑No
If "yes," identify on a separate page, the person or persons convicted, the court case and number,
the crimes and the year convicted.
15. If your firm was required to pay a premium of more than one percent for a performance and
payment bond on any project(s) on which your firm worked at any time during the last three years,
state the percentage that your firm was required to pay. If you wish to do so, you may provide an
explanation for a percentage rate higher than one percent. %
16. During the last five years, has your firm ever been denied bond credit by a surety company, or has
there ever been a period of time when your firm had no surety bond in place during a project when
one was required? ❑ Yes ❑ No
17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any
"serious," "willful" or "repeat" violations of its safety or health regulations in the past five years?
❑ Yes ❑ No
(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals
Board has not yet ruled on your appeal, you need not include information about it.)
If "yes," on a separate page describe the citations, the party against whom the citation was made,
date of citation, nature of the violation, project on which the citation was issued, owner of the
project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB
decision.
18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties
against the contractor or its associates in the past five years? ❑ Yes ❑ No
(Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there
is a court appeal pending, you need not include information about the citation.)
If "yes," on a separate page describe the citation, the party against whom the citation was made,
date of citation, nature of the violation, project on which the citation was issued, owner of project,
and the amount of penalty paid, if any. State the case number and date of any decision.
RFP 17-108 Fuel — Gasoline and Diesel
Page 26
19. During the last five years, has there been more than one occasion in which the General contractor
or its associates have been penalized or required to pay back wages for failure to comply with the
federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No
If "yes," on a separate page, describe the violator, nature of each violation, name of the project,
date of its completion, the public agency for which it was constructed, the number of employees
who were initially underpaid and the amount of back wages and penalties that were assessed.
THIS AREA LEFT BLANK INTENTIONALLY
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 17-108 Fuel — Gasoline and Diesel
Page 27
EXHIBIT H
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
NON -COLLUSION AFFIDAVIT
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA:
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to
fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non -collusion affidavit is part of the submitted proposal. Signing this proposal on the
signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are
cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed
State of California, County of
Subscribed and sworn to (or affirmed) before me on this
Printed Name
day of , 20 , by
having proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me.
Notary Public Signature
Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 17-108 Fuel — Gasoline and Diesel
Page 28
EXHIBIT I
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL — GASOLINE AND DIESEL
SAMPLE ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #,
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees,
agents, volunteers and representatives are named as additional insured ("additional insured") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf
of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing
with any other insurance carried by or for the benefit of the additional insured.
3. This insurance applies separately to each insured against whom claim is made or suit is brought
except with respect to the company's limits of liability. The inclusion of any person or organization as
an insured shall not affect any right which such person or organization would have as a claimant if
not so included.
4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in
coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana,
20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective
Issued to
Countersigned by,
, this endorsement form as a part of Policy#
Named of Insured
Authorized Representative
SAMPLE ONLY
RFP 17-108 Fuel — Gasoline and Diesel
Page 29
Ma& m cm,-� `A N
iNSURANCE ON FILE Professional Liability Insurance A-2017-347
WORK MAY PROCEED required if contractor is or
UNTIL INS RANCEZPIAe) employs a licensed professional
..._ (0 t�
CLERK OF OU CIL
DATE: DEC 'L g qff EMENT FOR PROVISION OF GASOLINE AND DIESEL FUEL
® THIS AGREEMENT is made and entered into this 191' day of December, 2017 by and between
��. F� CO) IPC (USA), Inc., a California Corporation ("Contractor"), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
C1NJ�5 , alprnia ("City").
RECITALS
A. The City desires to retain a Contractor with special skill and expertise to supply the City's
annual gasoline and diesel fuel needs. On October 2, 2017, the City issued Request for
Proposal No. 17-108, by which it sought Contractors to provide gasoline and diesel fuel
services to the City.
B. Contractor submitted a responsive proposal selected by the City. Contractor represents
that Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, jet fuel and
other petroleum products that maintains its headquarters in the City and is able and willing
to provide such services to the City and as described in the scope of work that was included
in RFP No. 17-108 and attached as Exhibit A to this Agreement.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference. Consultant's proposal is incorporated by reference as though fully set
forth herein.
2. COMPENSATION
a. City agrees to pay Contractor services performed under this Agreement at the rates and
charges for fuel identified in Exhibit B. The total annual sum to be expended under
the term of this Agreement shall not exceed $950,000 during each year of the
Agreement. The total spun to be expended under this Agreement for the entire term
shall not exceed $4,750,000.
Page 1 of I 1
b, Payment by City shall be made within 60 days (sixty) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures, Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals whichmay reasonably be expected by City.
This Agreement shall commence on January 1, 2018 and continue for a five (5) year term
until December 31, 2022, unless terminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq,,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data, Contractor makes no such representation and warranty in regard to
Page 2 of 11
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreementt shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a, Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal' jury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
Page 3 of 1 l
iv, Contractor shall supply City with a fully executed additional insured
endorsement.
f. if Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refitses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City,
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
Page 4 of 11
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrtunent
signed by the City and by an authorized representative of Contractor. The parties agree that any
Page 5 of 11
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
16. TERNIINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director of the Finance and
Management Services Agency may require Contractor to deliver to the City all
work product(s) completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Contractor consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified. in the Recitals of this Agreement.
17. FINES
The contractor shall be liable for all violation files levied against the City by federal,
state, or local agencies with regulatory authority related to contractor provided services.
18. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies,
Page 6 of 11
19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
Page 7 of 11
With courtesy copies to:
Executive Director, Finance
and Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-17)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
IPC (USA), Inc.
4 Dutton Centre Drive, Ste, 700
Santa Ana, CA 92707
Attn: James Takeuchi
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
[Signatures continue on next page]
Page 8of11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
Clerk of the Council
APPROVED AS'TO FO
SONIA R. CARVALHO
City Attorney
By: da')'O'
Laura A. Rossini
Senior Assistant City Attonley
RECOMMENDED FOR APPROVAL:
FRANCISCO 6I T1ERREZ
Executive Director
Finance and Management Services Agency
CITY OF SANTA ANA
Raul Godinez
City Manager
IPC (USA), INC.:
VJ'es Takeuchi
T
Page 9 of 1 I
EXHIBIT A
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17.108
FUEL — GASOLINE AND DIESEL
SCOPE OF SERVICES & SPECIFICATIONS
The City of Santa Ana seeks a contractor/vendor to provide the delivery of Unleaded Gasoline and
Diesel fuel to existing underground storage tanks at the City's Corporation Yard and Police
Administrative Facility.
ESTIMATED ANNUAL VOLUME OF FUEL PURCHASES
Unleaded 87 Octane — 400,000 gallons
Diesel —15,000 gallons
Volume estimates are based on historical records. The City anticipates an Increase In these totals due to
an upcoming agreement with Orange County Fire Authority to purchase fuel from the City.
DELIVERY LOCATIONS AND UNDERGROUND TANK SIZES
Corporate Yard
215 S Center
Santa Ana, CA 92703
Three (3) 20,000 gallons tanks for unleaded fuel
One (1) 20,000 gallon tank for diesel fuel
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
One (1) 20,000 gallon tank for unleaded fuel
One (1) 6,000 gallon tank for Red Diesel (one delivery per year @ 200-300 gallons, emergency
generator)
One (1) Above -Ground 250 gallon tank for Red Diesel (one delivery per year @ 150 gallons)
DELIVERY REQUIRgMENT$
Delivery must be made within two (2) working days after receipt of order. All purchases for underground
storage tanks will be a full load.
Currently averaging one (1) - two (2) full load deliveries per month at both Corporate Yard and Police
Department
RFP 17-108 Fuel — Gasoline and Diesel
Page 9
PRICING AND INVOICING
The contract bid price shall include full compensation for providing all required services as specified in
scope of work. NO additional compensation will be allowed.
For purposes of payment, it shall be the Los Angeles California OPIS Gross 10AM EST Daily Rack
Average with CAR report.
Pricing on the Invoices shall indicate OPIS price for day of delivery and also the price being charged to
City.
Delivery rate and total delivery charge shall be separate line item and shall not be combined with fuel
costs when computing sales tax.
QUALITY OF FUELS
Fuel provided must meet the latest requirements of the California Air Resources Board (CARB) Phase 2
Reformulated Gasoline and Diesel.
Only major oil company quality fuels meeting the following specifications are to be quoted and/or
awarded.
Gasoline shall be unleaded regular 87 Octane minimum.
Diesel Fuel shall be Type 2 Clear.
YEN OR/SUPPLIER RESPONSIBILITY
Vendor shall be held liable for any damage or crim(nal/civil citations which may occur as a result of any
spills and/or accidents. In addition, the City reserves the right to cancel the agreement of the
Vendor/Supplier, notwithstanding compliance with the procedures set forth herein, delivers in a negligent
manner or who, under any circumstances, causes a spill while delivering.
Vendor shall have title to and bear risk of loss of or damage to the items purchased hereunder until they
are delivered in conformity with this agreement at the F.O.B. point specified herein, and upon such
delivery title shall pass, except for lass or damage result from Vendor's negligence. Passing of title upon
such delivery shall not constitute acceptance of the item by the City.
it is the responsibility of the Vendor/Supplier to have the delivering driver measure each fuel tank using
City's Veeder Root system before and after each delivery.
All deliveries shall be made between 7:00 am to 5:00 pm Monday through Friday, -except when orders
state that the deliveries must be made at a different time
TEMPERATURE CORRECTIO
Vendor shall correct or adjust gasoline and diesel deliveries so as to be stated, billed, and paid for on the
basis of such gasoline and diesel fuel at sixty (60) degrees temperature, using methods that are
accepted as being in general use for this method of adjusting volumetric quantities to temperature
conditions.
RFP 17-108 Fuel: Gasoline and Diesel
Page 10
MATERIAL SAFETY DATA SHEET
In compliance with Title 8 of the California Code of Regulations (OSHA), the City requires two (2) copies
of the U.S. Department of Labor - Material Safety Data sheet for Item(s) purchased, The material safety
data sheet shall be submitted to the using department at the time of delivery.
SOURCE GUARANTEE
Vendors who do not own refineries shall have contracts or written irrevocable commitments to contract
with refiners which are capable of supplying products which meet fuel specifications in the quantities
listed herein.
Contracts or commitments must guarantee supply In the required amounts for the term of any contract
resulting from the RFP. Failure to include source guarantee documentation may void response if the City
has no prior experience with the vendor.
RECORD KEEPIN
Vendor shall maintain records of the City's purchases and make them available for audit and inspection.
Vendor shall record the quantities, cost, delivery locations, and taxes for each delivery. Vendor shall
provide the City with a copy of such records within ten (10) days of the City's request.
TAXEg
The City is exempt from Federal Excise taxes and no payment shall be made for any personal property
taxes levied on the Vendor or on any taxes levied on employee wages.
The City will only pay for any state and local sales or use taxes on the products pursuant to this contract
RFP 17-108 Fuel - Gasoline and Diesel
Page 11
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17.108
FUEL — GASOLINE AND DIESEL
BID FORM
PRICING SHEET
Reaular Unleaded Gasoline
Gasoline prices (four decimal places, i.e. 0.0000)
87 OCTANE
Bulk fuels full truck and trailer Delivery size: 7,000+ gallons
OPIS Plus cents per gallon
Or Minus cents per gallon
Delivery cents per gallon
Other (specify) cents per gallon
Applicable Discount(s) cents per gallon
Total OPIS + �C; •�� net cents per gallon
Smaller Tank less than full truck Delivery size: 3,500 — 6,999 gallons
OPTS Plus cents per gallon
Or Minus Q • L r-`=„�° cents per gallon
Delivery Q C"-Acents per gallon
Other (specify) cents per gallon
Applicable Discount(s) / cents per gallon
Total OPTS + ( • C)SiC net cents per gallon
Large bulk deliveries exceeding 7,000 gallons could Include a combined load of gasoline and
diesel.
Please Indicate any split load surcharges in the other category It applicable. Split load
surcharges not stated herein will not be allowed on any Invoices during the contract.
RFP 17-108 Fuel -Gasoline and Diesel
Pape 19
CITY OF SANTA ANA
REQUEST FOR PROPOSALS 17-108
FUEL —GASOLINE AND DIESEL
BID FORM
PRICING SHEET
Diesel — Type 2 Clear
Diesel prices (four decimal places, i.e. 0.0000)
Bulk fuels full truck and trailer Delivery size: 7,000+ gallons
OPIS Plus cents per gallon
Or Minus C/O. QSrl b� cents per gallon
T
Delivery _ (�. D?S00 cents per gallon
Other (specify) cents per gallon
Applicable Discount(s) cents per gallon
Total OPIS + <,C) • oC'1c��') net cents per gallon
Smaller Tank less than full truck Delivery size: 3,500 — 6,999 gallons
OPIS Plus cents per gallon
Or Minus Q , C` a�1� cents per gallon
Delivery cents per gallon
Other (specify) cents per gallon
Applicable Discount(s) cents per gallon
Total OPTS + 0 10M net cents per gallon
Alternative Renewable Diesel (meeting ASTM D975 spe� ` r , er gallon
RFP 17.108 Fuel — Gasoline and Diesel
Page 20