Loading...
HomeMy WebLinkAbout25C - AGMT - FUELREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 19, 2017 TITLE: APPROVE AN AGREEMENT WITH IPC FUEL DISTRIBUTION FOR THE PURCHASE OF UNLEADED AND DIESEL FUEL (STRATEGIC PLAN NO. 6,2) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a five-year agreement from January 1, 2018 through December 31, 2022 with IPC Fuel Distribution for the purchase of unleaded and diesel fuel in a total annual amount not to exceed $950,000 during each year of the Agreement. The total sum to be expended under this agreement for the entire term shall not exceed $4,750,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has a fleet inventory of 524 vehicles that use unleaded or diesel fuel. These vehicles are assigned to departments as detailed below: Department # of Vehicles Police 261 Public Works 105 Recreation & Comm Svcs 62 Planning & Building 45 Finance 42 Community Development 8 City Manager 1 The existing fuel contract expires at the end of December 2017, and as a result, a Request for Proposal (RFP -17-108) was developed and made available to fuel service providers throughout 25C-1 Agreement for Unleaded and Diesel Fuel December 19, 2017 Page 2 the area. The City received a total of seven proposals that were evaluated in the following areas: company experience, adherence to the RFP requirements, references, and price structure. The evaluation team, which consisted of staff from the Police Department, Fleet Services, and Central Stores carefully reviewed each proposal and scored each as follows: Vendor Score Merrimac Energy 94.0 IPC Fuel Distribution 92.3 SC Fuels 92.3 Pinnacle Petroleum 87.0 Mansfield Oil 83.3 Assoc. Petroleum 82.6 AAA Oil 81.3 As a result of the initial scoring, staff determined it would be in the best interest of the City to have the top three vendors come in for individual oral interviews to further evaluate and assess the ability of each vendor to provide the best and most reliable fuel service. A separate interview panel was formed which consisted of staff from the City Budget Office and Fleet Services. Upon conclusion of these interviews, the panel scored each vendor on their overall presentation and ability to provide quality fuel service to the City as follows. Staff then took an average of the original score and the interview score to make the recommended selection for the fuel service provider. Vendor Preliminary Score Interview Score Final Score IPC Fuel Distribution 92.3 93.0 185.3 Merrimac Energy 94.0 87.7 181.7 SC Fuels 92.3 84.3 176.6 IPC Fuel Distribution is a Santa Ana based company and has provided fuel for the City over the past year. They are a large company that has shown the ability to provide high quality fuel delivery service at both the City Corporate Yard and Santa Ana Police Department. IPC maintains contractual relationships with over 90 fuel suppliers including all refiners in US markets. Additionally, if an emergency occurs, maintains terminal storage at every west coast terminal and provide 24-hour service capabilities if needed. The RFP also includes a "piggyback" option should any other local jurisdiction want to utilize IPC for their fuel needs. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). 25C-2 Agreement for Unleaded and Diesel Fuel December 19, 2017 Page 3 FISCAL IMPACT Funds in the amount of $475,000 for the period of January to June 2018 are budgeted and available in the Central Stores Gas & Diesel Fuel account (07610102 63300). Funds for FY 2018-19 thru FY 2022-23 budgets in the annual amount of $950,000 will be included in the Stores & Property Control Gas & Diesel Fuel account (07610102 63300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 00 Executive Director Finance and Management Services Agency EXHIBIT: 1. Agreement 25C-3 25C-4 EXHIBIT 1 AGREEMENT FOR PROVISION OF GASOLINE AND DIESEL FUEL THIS AGREEMENT is made and entered into this 19`s day of December, 2017 by and between 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 California ("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 $950,0.00- during each year of the Agreement. The total sum to be expended under this greement for the entire term shall not exceed $4,750,000.._ _ Page 1 of 11 25C-5 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. �:±NI This Agreement shall commence on January 1, 2018 -and continue for a five (5) year term until December 31, 2022, unlesstemiinated 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 25C-6 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. Page 3 of 1 I 25C-7 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 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 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 25C-8 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. DISCRINIINATION 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 instrument signed by the City and by an authorized representative of Contractor. The parties agree that any Page 5 of 11 25C-9 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. 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. 1S. 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 25C-10 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. NUSCELLANEOUS 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 25C-11 Page 7 of 11 With courtesy copies to: Executive Director, Finance Sonia R. Carvalho and Management Services Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-17) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: Fax: 714- 647-6515 To Contractor: IPC (USA), Inc. 4 Hutton Centre Drive, Ste. 700 Santa Ana, CA 92707 Attn: James Takeuchi 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 8 of 11 25C-12 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 FORM: SONIA R. CARVALHO City Attorney By: da'\Q, VZ� Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director Finance and Management Services Agency CITY OF SANTA ANA Raul Godinez II City Manager IPC (USA), INC.: By: James Takeuchi Title: Page 9 of 11 25C-13 EXHIBIT A SCOPE OF SERVICES 25C-14 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 25C-15 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 (GARB) 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 25C-16 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 25C-17 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 11 of 11 25C-18 CITY OF SANTA ANA REQUEST FOR PROPOSALS 17-108 FUEL — GASOLINE AND DIESEL BID FORM PRICING SHEET Regular 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 ��7 IaSd-:2 cents per gallon Delivery O� 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 / CC • I a!- —IC�32 cents per gallon Delivery � oy90 cents per gallon Other (specify) cents per gallon Applicable Discount(s) cents per gallon Total OPIS +C / ,.0 • aglo 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 17-1082 l FuueGasoline and Diesel 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 OPTS Plus / \ cents per gallon Or Minus cents per.gallon Delivery n.09-�-00 cents per gallon Other (specify) cents per gallon Applicable Discounts) / \ cents per gallon Total OPIS + < _p . OOriS) net cents per gallon Smaller Tank less than full truck Delivery size: 3,500 - 6,999 gallons OP)S Plus / cents per gallon Or Minus ` C} . �?�'l�j� cents per gallon Delivery 0 • DL-Mcl:� cents per gallon Other (specify) cents per gallon Applicable Discodnt(s) cents per gallon Total OPIS + () 'CAT) net cents per gallon Alternative Renewable Diesel (meeting ASTM D975 spec<�.(�?�`er gallon RFP 17-108 Fuel - Gasoline and Diesel 26220