HomeMy WebLinkAboutItem 19 - Amend Gasoline and Diesel Fuel Purchase Agreement Public Works Agency
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Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 4, 2022
TOPIC: Amend Gasoline and Diesel Fuel Purchase Agreement
AGENDA TITLE
Approve First Agreement Amendment with TACenergy for the Purchase of Gasoline and
Diesel Fuel, to Increase the Contract Amount by $600,000 and Extend Through January
31, 2023 (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the gasoline and diesel
purchase agreement with TACenergy, by an increase of $600,000 and extend agreement
services through January 31, 2023, 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 at the City’s Corporate Yard and Santa Ana Police Department.
On December 19, 2017, City Council awarded an agreement to IPC Fuel Distribution,
now known as TACenergy (Exhibit 1), to provide unleaded gasoline and diesel fuel to
both fueling stations. The agreement is set to expire on December 31, 2022.
The City has a fleet inventory of over 600 vehicles that use unleaded and diesel fuel.
These vehicles are assigned to various departments Citywide and rely on gas and diesel
fuel. The original agreement (Exhibit 2) had a not-to-exceed expenditure amount of
$950,000 per calendar year. Due to the increase in wholesale fuel costs and fleet size,
the City is on pace to exceed the expenditure amounts for the current calendar year. Staff
recommends to increase the agreement amount to cover expenditures through the
remainder of the agreement and extending the agreement until January 31, 2023, to
account for any delays with the current procurement process for a subsequent fuel
supplier (Exhibit 3).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
Amend Gasoline and Diesel Fuel Purchase Agreement
October 4, 2022
Page 2
2
9
8
4
FISCAL IMPACT
Funds in the amount of $600,000 are available in Central Stores Gas & Diesel Fuel
(Account No. 07617102-63300).
Fiscal
Year
Accounting
Unit- Account
No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
2022-23 07617102-63300 Stores &
Property Control
Stores & Property
Control, Gas & Diesel
$600,000
Total: $600,000
EXHIBIT(S)
1. Consent to Assignment
2. Agreement A-2017-347 with IPC Fuel Distribution
3. First Amendment Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
INSURANCE NOT ON FI!! '-
WORK MAY NOT PROCEEL
CLERK C
DATE: / energy
c City of Santa Ana
cr Yoon Kim & Jon Lopez
rm Agreement numberA-2017-347
N 20 Civic Center Plana (M-30)
Santa Ana, CA 92707
13 (714)647-5558
CONSENT TO ASSIGNMENT
A-2017-347-01
100 Crescent Court. Suite 1600
Dallas, Texas 75201
800-375-3835
City of Santa Ana ("City'), under that certain Agreement for Provision of Gasoline and Diesel Fuel
agreement #A-2017-347 or "Agreement"), dated December 19, 2017, by and between City and Truman
Arnold Companies dba TACenergy ("Assignor'), as amended per the 2019 Consent to Assignment,
consents to the assignment and transfer by Assignor of Assignor's entire right, title and interest in, to and
under the Agreement to TACenergy, LLC ("Assignee'), and agrees to acknowledge and treat Assignee as if
Assignee were the original party to the Agreement from and after the date of this Consent to Assignment
as provided under section 15 of the Agreement which requires the prior written consent of City for the
Agreement to be assigned by Assignor.
From the effective date of this Consent, Assignee acknowledges and accepts the foregoing
assignment and delegation and expressly assumes, confirms, and agrees to perform, comply with and
observe all of the covenants, agreements, terms, conditions, obligations, duties and liabilities of Assignor
under the Agreement regardless of when such covenants, agreements, terms, conditions, obligations,
duties and liabilities accrued, arose, orwere included togetherwith all outstanding and future obligations
of any kind whatsoever related thereto.
City and Assignee further agree that Assignee shall be liable for any amounts payable under the
Agreement whether arising prior to or after the effective date of this Consent to Assignment, and agrees
to look solely to Assignee for satisfaction of the foregoing described obligations under the Agreement.
On and after the effective date of this Consent to Assignment, all payments required pursuant to
the Agreement and all communications underthe Agreement shall be directed to the Assignee as follows:
TACenergy, LLC
701 South Robison Rd.
P.0 Box 1481
Texarkana, TX 75504
Signatures on the following page]
DON'T JUST BUY FUEL
FUEL YOUR FUIUM
EXHIBIT 1
TIA 00 Crescent Court, Suite 1600EenergyDallas. Texas 75201
800-375-38335p5
IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument effective as of the 2 0
day of July, 2022.
ATTEST:
Daisy Gomez
rClerk of the Council
RECCOMENDED FOR APPROVAL:
Saba, PEJr
Executive Director
Public Works Agency
UNDERSTOOD, ACKNOWLEDGED AND AGREED TO:
City of Santa Ana
By:
Kristine Ridge
City Manager
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
Jose Montoya
Assistant City Attorney
Truman fold Companies dba TACenergy
By:
Name: Fred Sloan
Title: Chief Operating Officer
TACener LC
By: A;—:
Name: Fred Sloan
DON'T JUST BUY FUEL
FUEL YOUR FU M
EXHIBIT 2
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 which may reasonably be expected by City.
KI 10169011
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.
S. 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 mediLun of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on cornputer 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 Agreement 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 injury, 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.
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iv. Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses 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 terniination 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.
S. 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.
4. 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.
F[1 0=110MI27
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 perforniance 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, term nation 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 terns
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
Page 5 of I I
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 th s 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. 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 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 fines 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 panty 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: 7 t 4- 647-6956
Page 7 of I I
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 Hutton 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 flames, weekends, federal, state, County or City holidays shall be excluded.
Signatures continue on next page]
Page 8 of l I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRANCISCO GtITIERRE
Executive Director
Finance and Management Services Agency
CITY OF SANTA ANA
Raul Godinez _
City Manager
IPC (USA), INC.:
Jar es Takeuchi
Tit e:
Pate 9 of I I
1
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 QF FUEL PURQfjASES
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, emergencygenerator)
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 undergroundstoragetankswillbeafullload.
Currently averaging one (1) - two (2) full load deliveries per month at both Corporate Yard and PoliceDepartment
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 OPTS Gross 1 OAM EST Daily RackAveragewithCARreport.
Pricing on the invoices shall indicate OPIS price for day of delivery and also the price being charged toCity.
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 (GARB) Phase 2ReformulatedGasolineandDiesel.
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 anyspillsand/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 theyaredeliveredinconformitywiththisagreementattheF.C.B. point specified herein, and upon such
delivery title shall pass, except for loss or damage result from Vendor's negligence. Passing of title uponsuchdeliveryshallnotconstituteacceptanceoftheitembytheCity.
It is the responsibility of the Vendor/Supplier to have the delivering driver measure each fuel tank usingCity's Veeder Root system before and after each delivery.
All deliveries shall be made between 7:00 am to 6:00 pm Monday through Friday, except when ordersstatethatthedeliveriesmustbemadeatadifferenttime
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 a 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 Cityhasnopriorexperiencewiththevendor.
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 propertytaxesleviedontheVendororonanytaxesleviedonemployeewages.
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
OPIS Plus
Or Minus
Delivery
Other (specify)
Applicable Discount(s)
Total OPTS +
Smaller Tank less than full truck
OPIS Plus
Or Minus
Delivery
Delivery size: 7,000+ gallons
cents per gallon
C- cents per gallon
C ' cents per gallon
cents per gallon
cents per gallon
o E 2 net cents per gallon
Delivery size: 3,500 - 6,999 gallons
cents per gallon
cents per gallon
cents per gallon
Other (specify) cents per gallon
Applicable Discount(s) _ cents per gallon
Total OPTS + j, osil net cents per gallon
E
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
Pane 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, 1,e. 0.0000)
Bulk fuels full truck and trailer Delivery size: 7,000+ gallons
OPTS Plus cents per gallon
Or Minus i , cents per gallon
Deliverycents per gallon
Other (specify) cents per gallon
Applicable Discount(s) cents per gallon
Total OPTS + C CJ i 1 net cents per gallon
Smaller Tank less than full truck Delivery size: 3,500 — 6,999 gallons
OPTS Plus cents per gallon
Or Minus "1 ''
71
cents per gallon
Delivery cents per gallon
Other (specify) cents per gallon
Applicable Discount(s) cents per gallon
Total OPTS net cents per gallon
Alternative Renewable Diesel (meeting ASTM D975 spec y $ ' ,0 ergallon
RFP 17.108 Fuel—Gasoline and Diesel
Page 20
Page 1 of 2
FIRST AMENDMENT TO THE GASOLINE AND DIESEL
FUEL PURCHASE AGREEMENT WITH TACENERGY, LLC
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 4th day of October 2022, by
and between TACenergy, LLC (“Consultant ”), and the City of Santa Ana, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A.On December 19, 2017, the City entered into Agreement #A-2017-347 (“Agreement”) with
Truman Arnold Companies dba TACenergy to provide gasoline and diesel fuel services to
the City.
B.On July 28, 2022, TACenergy assigned all of its rights and obligation under the Agreement
to TACenergy, LLC for the remaining term.
C.In accordance with the terms and conditions of the Agreement, the parties desire to amend the
compensation and term of the Agreement.
THE PARTIES THEREFORE AGREE:
1.Section 2, COMPENSATION, shall be amended to increase compensation for the
extended term in the amount not to exceed $600,000. Therefore, the total amount of the
Agreement shall not exceed $5,350,000 to pay for additional gasoline and diesel fuel
services during the extended term.
2.Section 3, TERM, shall be amended to extend the term of said Agreement for a one
month period from December 31, 2022 to January 31, 2023.
Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
___________________________ ________________________
KRISTINE RIDGE
Clerk of the Council City Manager
[Signatures continued on the following page]
EXHIBIT 3
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_____________________________
By: Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL: CONSULTANT
__________________________ _______________________________
Nabil Saba P.E. By: Fred Sloan
Executive Director of Title: Chief Operating Officer
Public Works Agency
EXHIBIT 3