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HomeMy WebLinkAboutItem 23 - Fuel Delivery and Supply Services Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Fuel Delivery and Supply Services AGENDA TITLE Approve an Agreement with AAA Oil, Inc. for Fuel Delivery and Supply Services (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with AAA Oil, Inc. for fuel delivery and supply services in an annual amount not to exceed $1,300,000 and total amount not to exceed $6,500,000, for a three-year term beginning December 20, 2022 and expiring December 19, 2025, with an option for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency’s Central Stores is responsible for purchasing and dispensing fuel at the fueling stations located at the City’s Corporate Yard and Santa Ana Police Department. The City currently has a fleet inventory of over 600 vehicles across all City departments that rely on these fueling stations to meet their unleaded and diesel fueling needs. Additionally, the City also utilizes diesel fuel to power emergency backup generators at several of its critical infrastructure sites. The current agreement for fuel delivery and supply is set to expire on January 31, 2023. On September 13, 2022, the Public Works Agency issued Request for Proposal (RFP) 22-110 for gasoline and diesel fuel supply and delivery services. The RFP was advertised on the City’s online bid management and publication system with bids due on October 7, 2022. System records indicate 18 vendors were notified and 18 vendors downloaded proposal files. Five proposals were received and evaluated by a selection committee. Based on the criteria outlined in the RFP, all proposals received were categorized as responsive, and their respective scores are as follows: Fuel Delivery and Supply Services December 20, 2022 Page 2 3 1 3 1 FIRM LOCATION PROPOSAL SCORE AAA Oil, Inc.Garden Grove 85 Pinnacle Petroleum, Inc.Huntington Beach 79 Merrimac Energy Group Long Beach 79 Downs Energy Corona 69 Southern Counties Oil Co Orange 65 In accordance with the proposal scores, staff recommends entering into an agreement with AAA Oil, Inc. for gasoline and diesel fuel supply and delivery services (Exhibit 1). The proposal demonstrated high levels of technical competency and experience to complete the scope of work, and contained a clear path toward achieving City goals and objectives. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this action is budgeted and available for expenditure in the current fiscal year and will be budgeted in future fiscal years as shown below. Fiscal Year Accounting Unit- Account No. Fund Description Accounting Unit – Account No. Description Amount 2022-23 (Dec-June)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $250,000 2023-24 (July-June)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $1,400,000 2024-25 (July-June)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $1,400,000 2025-26 (July-Dec)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $700,000 Renewal Option Years 2025-26 (Dec-June)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $700,000 2026-27 (July-June)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $1,400,000 Fuel Delivery and Supply Services December 20, 2022 Page 3 3 1 3 1 2027-28 (July-Dec)07617102-63300 Stores & Property Control Stores & Property Control, Gas & Diesel $650,000 Total: $6,500,000 EXHIBIT(S) 1. Agreement with AAA Oil, Inc. Submitted By: Nabil Saba, Executive Director, Public Works Approved By: Kristine Ridge, City Manager EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AAA OIL, INC.TO PROVIDE GASOLINE AND DIESEL SUPPLY AND DELIVERY THIS AGREEMENT is made and entered into this 20th day of December 2022 by and between AAA Oil, Inc. (“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 (“City”). RECITALS A. B. C. The City desires to retain a Contractor having special skill and expertise to supply the City’s annual gasoline and diesel fuel needs. On September 13, 2022, the City issued Request for Proposal (“RFP”) No. 22-110, by which it sought Contractors to provide gasoline and diesel fuel delivery and supply services to the City. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, and other petroleum products and is able and willing to provide such services to the City. D.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 contracting 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 On an as-needed basis, Contractor shall perform 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 Scope of Services – Exhibit A, attached hereto and incorporated by reference and (“RFP”) No. 22-110 – Exhibit B, attached hereto and incorporated by reference. 2.COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total annual sum to be expended under the term of this Agreement shall not exceed $1,300,000 during each year of the Agreement. The total sum to be expended under this Agreement for the entire term shall not exceed $6,500,000. b.Payment by City shall be made within forty-five (45) 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 1 Recitals and Scope of Work, which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and terminate on December 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 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 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 Agreement shall be at City’s sole risk. 2 7.INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Contractors Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor or Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Other Insurance Provisions A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions: 3 1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy. C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form: 1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made 4. policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 5. A copy of the claims reporting requirements must be submitted to the City for review. 6. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right 4 to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Waiver of Subrogation Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 or its subcontractors, agents, employees, or other persons acting on their 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 5 9.INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright 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 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13.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 6 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: AAA Oil, Inc. 11621 Westminster Avenue Garden Grove CA 92843 Attn: Jennifer Crawley Marketing Manager and Contracts Administrator 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 instrument signed by the City and by an authorized representative of Contractor. The parties agree that any 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 are not embodied herein. 7 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.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. 17.TERMINATION 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 may require Contractor to deliver to the City all work product 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. 18.NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. 8 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. [Signatures on the following page] 9 EXHIBIT A EXHIBIT B RFP 22‐110 Gasoline and Diesel Supply and Delivery Services 9/29/2022 Q#Question Response 1 What are the city's payment terms? Does the city do early payment if offered a discount? 2 May a prospective bidder, only bid on certain line items? For example, we do would not be able to bid on the Propane as we do not supply that in California. Payment term is net forty‐five (45) days per Attachment 4 Section 3. Term The City has made this an optional item per Addendum One 3 On the gasoline and diesel pricing form, only the wet hose section states the price is based off of Los Angeles Ca OPIS Gross 10:am EST Daily Rack Average with Car. Would that be based for all products? Clarify if RD is to based on CARB #2? 4 Do the emergency powered generators on page 15 take Red Dyed Diesel? Yes, the gasoline and diesel pricing should be based off Los Angeles CA OPIS Gross 10:00 AM EST Daily Rack Average with Car+. This same index as Diesel ‐ Type 2 Clear shall be derived for the renewable clear diesel (RD99 and RD95) as well. Yes, emergency generators take red dyed diesel 5 If the emergency powered generators on page 15 take red dyed diesel, the red dyed diesel pricing on the Fee Proposal does include pricing for quantities in conjunction with the tank sizes listed for these generators. Can an additional delivery size be added to the Fee Proposal for red dyed diesel to cover these? Yes, please refer to Addendum One 6 Due to the National Driver Shortage, that standard turn for deliveries is now 2 days. Would the City be willing to extend its turn time from 1 day to 2 days? 7 Are we required to bid all products and all services to be considered for award? Yes, please refer to Addendum One No, please refer to Addendum One 8 Propane tank design, supply and installation is not a component of a Petroleum Fuel Distribution Company. Was this service meant to No, please refer to Addendum One be included in this solicitation? Are we required to bid on this service to be considered for award? 9 Is the OPS Index used to derive the base pricing the Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR? 10 For the RD95 and the RD99 pricing, there is not currently a ratable OPIS index compiling this pricing and it is now industry standard to use the OPIS ULSD #2 Index as the base price. Can you confirm for RD95 and RD99 that you will be using the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price? Yes, please refer to Addendum One Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 11 Because RD95 and RD99 pricing is not fixed and needs to be tied to OPIS, for RD95 and RD99 on the Fee Proposal, can you please mirror Yes, please refer to Addendum One the pricing entries with the structure of the Clear Diesel Pricing and add both Delivery Size breakdowns categories (7000+ and 3500‐ 12 Red Dyed ULSD#2 pricing is not fixed and needs to be tied to OPIS, so for Red Dyed ULSD#2 on the Fee Proposal, can you please mirror Yes, please refer to Addendum One the pricing entries with the structure of the Clear Diesel Pricing? 13 What is the average delivered quantity of unleaded fuel at the Corporate Yard? 14 What is the average delivered quantity of diesel fuel at the Corporate Yard? 15 What is the average delivered quantity of unleaded fuel at the Police Department? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. The average delivery size to the Police Department is 8,800 gallons for unleaded. 16 Because the answers to vital questions will not be provided until shortly before the bid is due, there is a serious concern that there will Yes, please refer to the addendum not be enough time to do adequate analysis to prepare the bid by the due date. Would the City please consider extending the bid due date at least another week for these reasons? 17 May I please get a bid tabulation from the last award?Refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 18 Who is the current incumbent? 19 Are “fees” part of the evaluation criteria for this bid? 20 Are we required to submit an hourly rate on our “Fee Proposal” with this contract as we are supplying a commodity? 21 When is the City planning on going to City Council for award approval? 22 What is the annual volume for Dyed Diesel? Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hꢀps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 Yes, refer to Section I. General under C. Proposal Evaluation and Rating Yes, refer to Scope of Services Section K. Fee Schedule The anticipated project award date is Tuesday, November 15, 2022 per the RFP cover page Refer to Attachment 1: Scope of Services Section C 23 What is the annual volume for Clear Diesel?Refer to Attachment 1: Scope of Services Section C 24 Are the fuel tanks at the Corporate Yard above ground or below ground? 25 Is the 6,000 gallon Dyed Diesel tank at the Santa Ana Police Department above ground or below ground? 26 Do we need to own fleet of delivery vehicles? The fuel tanks are below ground The 6,000 gallon tank specified is below ground No 27 Can we use common carriers to make the fuel deliveries?Yes 28 .Instead of monthly invoicing, can we submit an invoice for payment aꢁer every delivery? 29 Do we have to bid on the Propane Tank Installation and fueling in order to be responsive on this bid? 30 Is the City currently using RD99? Yes No, please refer to Addendum One No, the City intends to use RD99 in the future 31 If we are the successful bidder can we mark a fuel surcharge as a line item on invoices? 32 Is the City currently using RD95? Yes No, the City intends to use RD95 in the future 33 Do any of the sites take split deliveries i.e. gasoline and diesel on the same truck delivered on the same day? 34 What is the average delivery size for Unleaded to the Corporate Yard? 35 What is the average delivery size for diesel to the Corporate Yard? 36 What is the average delivery size for Unleaded to the Police Department? 37 Is the City exempt from any taxes? Yes, upon request The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. The average delivery size to the Police Department is 8,800 gallons for unleaded. No, the City notexempt from any taxes 38 What OPIS index would you like us to use for the bid line items i.e. OPIS Daily Average, OPIS Daily Contract Average, etc.? 39 What OPIS benchmark City would you like bidders to use? 40 May I please have a copy of the most recent unleaded invoice for the Corporate Yard? 41 May I please have a copy of the most recent diesel invoice for the Corporate Yard? 42 May I please have a copy of the most recent unleaded invoice for the Santa Ana Police Department? 43 What OPIS index do you want us to use for RD99? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ The Water Division cannot release those records a this time The Water Division cannot release those records a this time The Water Division cannot release those records a this time Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 44 What OPIS index do you want us to use for RD95? 45 Do we have to bid on all line items to be responsive for this bid? 46 What OPIS index would you like us to use for RD99? 47 What OPIS index would you like us to use for RD95? 48 Do the generator sites require Dyed Diesel fuel? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 No, please refer to Addendum One Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 Yes 49 Is the City planning on awarding the contract to multiple vendors? 50 Will the City please consider extending the bid due date due to all of the clarifications requested? 51 What are the tank sizes for each of the propane vehicles? 52 If the propane vehicles need to be wethosed will all vehicles be located at a central location? If so what is that location? If not, please provide the location of each of the vehicles. The City intends to reward the Contract to one Contractor Yes, please refer to Addendum One The propane requirements are as stated in the RFP The vehicles will be located at the City Corporated Yard (220 S Daisy Ave, Santa Ana CA 92703) 53 Currently who is the incumbent?Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 54 Currently who is the incumbent?Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hꢀps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 The Water Division cannot release those records a this time There is no percentage amount The local preference is not a part of the evaluation The local preference is not a part of the evaluation 55 Can you please supply a couple of your most current invoices for gasoline, and all grades of diesel fuels. 56 Can the city of Santa state the current percentage amount for local preference. 57 Can you please state how the local preference will be evaluated in the bidding process. 58 Does the current vendor have a local preference on the current contract? 59 Can we bid on only the Unleaded (Transport) piece of the business and provide a "No Bid" on the Diesel (Bobtail) portion of the RFP?No, all Bidders must bid on all required items in the Fee Schedule 60 In the event of delivery of a transport load (> 7,000 gallons), we cannot meter the delivery. Will a Veeder Root ticket be available to print Yes and provide as proof of delivery? 61 Is there a Veeder Root system available for the 20,000 gallon tanks for inventory purposes? 62 If there is a Veeder Root system for the 20,000 gallon tanks, are the suppliers allowed virtual/electronic access? 63 Can we provide a "No Bid" on Section C ‐ 9. Propone Tank Installation and Fueling Specifications portion of the BID? 64 Under the Fee Proposal, what Index (Base Price) are we to use when determining the differential above/below OPIS? Ex: LA OPIS Unbranded Rack Avg. Only stated under Wet Hosing. Yes The City does not currently have vitual/electronic access, but is anticipating having it in the future Yes, please refer to Addendum One The base prive is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 65 On page 2 the city is requesting letter of intent to be submitted. Can the City of Santa Ana confirm the due date for the letter of intent? The Letter of Intent is optional and due at any time during the duration of the Bid Not seeing deadline on the RFP 66 Can the city of Santa Ana please give clarification on the letter of intent requested?A letter of intent is simply a statement that the Contractor provides to inform the City of the intent to bid submitted via email to the Project Manager 67 Can the city advise if there any special fittings required for any of the tank locations? 68 Can city please advise how many deliveries per year will be needed for each emergency generator locations. 69 Can city advise what carrier is currently making the emergency generator deliveries? 70 Can the city please supply the bid tabulations for the current contract. 71 Can the city supply a couple of bill of ladings for gasoline and diesel fuel. 72 Will a Truck and Trailer be able to fit at all fueling stations for the city? 73 Will a Semi truck be able to fit at all fueling stations for the city. There are none The frequency of fuel deliveries is dependent upon usage Fueling delivering for emergency generators are performed internally Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hꢀps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 The Water Division cannot release those records a this time Yes Yes 74 Can the city state, is this all or nothing RFP? Do you have to bid on all sections of the bid to be responsive. 75 Can city state what will the propane be used for for? Refer to Addendum One The propane powered vehicles are listed in the Scope of Services 76 The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. The averageWhat is average delivery size of gasoline and diesel to the corporation yard and the PD Site.delivery size to the Police Department is 8,800 gallons for unleaded. Around 80 to 90% of deliveries annually range in 7,000 plus. Around 80 to 90% of deliveries annually range in 7,000 plus. Around 80 to 90% of deliveries annually range in 7,000 plus. Yes 77 How many deliveries in the range of 7,000 plus for gas and diesel for the Corporation yard? 78 How many deliveries for 7,000 plus for gas and diesel for the PD site. Fall into this range. 79 How many deliveries fall in the range of 7,000 plus for gas and diesel for the Corporation yard. 80 Does the city allow for split combination deliveries between corporation and PD site? 81 What are the city payment terms?Payment term is net forty‐five (45) days per Attachment 4 Section 3. Term Yes82 Will city accept ACH payments? 83 How many deliveries fall between the range of 3,500‐6,999 for gas and diesel? 84 Can city state the range of gallons for RD99 and RD95? In order give a delivery charge rate per gallon. 85 Can city advise if the non‐conclusion affidavit has to be notarized? 86 OPIS does not have index for propane. Can the city advise if we need to utilize the weekly BPN news letter index? 87 Will the city be open to use a bigger tank for propane usage? Usage quantites are approximate and shall not be interpreted as quantitied ordered Refer to Addendum One Yes, please notarize per the conditions specified in the Non‐Collusion Affidavit Utilize weekly BPN news letter index for propane Yes 88 Can the city please confirm we need to utilized the OPIS daily rack average report with Car. For fuel deliveries of gasoline, clear diesel, Please refer to Addendum One red dyed diesel, and renewable fuels. 89 Can city advise currently what you are paying for fuel tenders / fuel trailers. This would be for reduced rate, standard rate, and extended The Water Division cannot release those records a this time rate 90 What is average delivery of gasoline and diesel for the Corporation yard/The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. 91 What is the average delivery of gasoline and diesel for the PD site.The average delivery size to the Police Department is 8,800 gallons for unleaded. There are no local preferance discounts for the City of Santa Ana The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) 92 What is the classifications for a vendor to have a local preference discount for city of Santa Ana? 93 Can city please advise if your company headquarters resides in the city of Santa Ana. Does qualify the vendor for the local preference discount. 94 Can city please advise if your company has a office within the city of Santa Ana. Does that qualify the vendor for the local preference The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) discount. 95 Can city please advise who is currently making gas and all grades of diesel deliveries. What transport company currently making deliveries. 96 Can the city please confirm we need to submit the fee scheduled, in addition to the fee proposal on page 24. Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 A rates schedule and a fee schedule shall be permitted per Scope of Services Section K 97 Can the city please give a little more clarification on the requested "fee scheduled. Please advise exactly what we need to submit on this A rates schedule is an hourly rate; if the specifications in Section K do not apply, please omit schedule. Hard to give a cost on equipment, labor, material, if we do not know how much the project will require. Please advise. 98 Can city please advise if your currently billed separate lines items for fuel surcharge, and pump charge fees. Besides the stop in transit The City is not billed separate line items for fuel surcharge and pump charge fees fee. EXHIBIT C City of Santa Ana Page 1 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc. City of Santa Ana Page 2 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc. City of Santa Ana Page 3 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc. City of Santa Ana Page 4 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc. City of Santa Ana Page 5 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc. City of Santa Ana Page 6 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc. City of Santa Ana Page 7 of 7 Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)Printed 11/18/2022 PlanetBids, Inc.