Agenda packet — Santa Ana City Council, December 20, 2022 (part 6 of 10)

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opportunity to finish the damaged electrical system to the park, and opportunities to add additional landscape improvements.

To deliver these additional improvements, capitalize on the existing favorable pricing of the existing contract with iBuild Spectrum, Inc. (Project Nos. 21-7533, 21-7534, 21- 7535), staff recommends amending the Fiscal Year 2022-23 Capital Improvement Program by $100,000 – increasing the construction administration and inspection amount by $10,000 and project contingencies by $90,000 – for a new estimated project delivery cost of $1,740,000 (Exhibits 2-3).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-093 was filed for the project

FISCAL IMPACT
Funding for the requested amendment to the construction contract of $90,000 and additional contract administration, inspection and testing of $10,000 is available from the unspent prior year CDBG funds included in the Citywide carryover of unspent amounts form Fiscal Year 2021-22 to Fiscal Year 2022-23, approved by Council on September 20, 2022.

Funds are budgeted and available for expenditure as follows:

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount

ORIGINAL CONSTRUCTION DELIVERY COST
2022-23 13518783-66200
(21-7533)
Community
Development
Block Grant
CDBG Programs,
Building
Improvements
$223,214
2022-23 13518783-66200
(21-7534)
Community
Development
Block Grant
CDBG Programs,
Building
Improvements
$510,786
2022-23 13518783-66200
(21-7535)
Community
Development
Block Grant
CDBG Programs,
Building
Improvements
$24,928
2022-23 18117013-66200
(21-7533)
American
Rescue Plan Act

ARPA-PRCSA,
Building
Improvements
$303,572
2022-23 18117013-66200
(21-7535)
American
Rescue Plan Act

ARPA-PRCSA,
Building
Improvements
$577,500

City Council
19 –
2 12/20/2022

Amend Construction Contract with iBuild Spectrum, Inc.

December 20, 2022

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Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
Total $1,640,000
Prior Year Unspent Funds Carried Forward
2022-23
13518783-66200
(21-7535, 21-
7533, 21-7534)
Community
Development
Block Grant
CDBG Programs,
Building
Improvements
$100,000
Total $1,740,000
All funds are scheduled for expenditure in Fiscal Year 2022-23. However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023- 24 for expenditure.

EXHIBIT(S)

1. Location Map

2. Revised Cost Analysis

3. Amendment to Fiscal Year 2022-23 CIP
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
19 –
3 12/20/2022

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 21-7533:

Campesino Park Restroom
Exhibit 1

City Council
19 –
4 12/20/2022

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 21-7534:

Memorial Park
Restroom
Exhibit 1

City Council
19 –
5 12/20/2022

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 21-7535:

Madison Park
Restroom
Exhibit 1

City Council
19 –
6 12/20/2022

EXHIBIT 2

ORIGINAL
AMOUNT

ADDITIONAL

FUNDING

NEW TOTAL
1,408,575.00$ 1,408,575.00 $
140,353.00$ 90,000.00 $ 230,353.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 1,640,000.00$ 100,000.00 $ 1,740,000.00 $

EXPENDITURE

CATEGORY
CONSTRUCTION OF PROJECT NO. 21-7533, 21-7534, 21-7535: CAMPESINO PARK, MEMORIAL

PARK, MADISON PARK RESTROOMS

COST ANALYSIS
Contract Administration, Inspection and Testing
Contingencies
Construction Contract
91,072.00$ 10,000.00 $ 101,072.00 $

City Council
19 –
7 12/20/2022

CITY OF SANTA ANA FY
22/23
CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project scope includes demolishing the existing restroom building, installing a new pre-fabricated restroom building and site improvements to provide an accessible path of travel to these facilities.

PROJECT NEED:

The restroom at Madison Park is one of three restrooms that has been identified as a target for vandalism and would require major efforts to maintain due to old age and existing conditions.

PROJECT TITLE:

Madison Pre-Fab Restroom
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY:

DIVISION:

CONTACT:

DATE:

Public Works
CIP Engineering
Gilbert Castillo, Senior Engineer
04-Nov-2022

PROJECT COSTS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
Construction
100,000
-
-
-
-
-
-
TOTAL
100,000
-
-
-
-
-
-

SOURCE OF FUNDS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
CDBG Programs
100,000
-
-
-
-
-
-
TOTAL
100,000
-
-
-
-
-
-

City Council
19 –
8 12/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Purchase of Three Hyundai Forklifts for Public Works Agency Central Stores

AGENDA TITLE
Award a Purchase Order to Select Equipment Sales in the Amount of $145,953 for Three Hyundai Hydraulic Forklifts for Public Works Agency Store & Property Control (Specification No. 22-158) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Select Equipment Sales for the purchase of three Hyundai Hydraulic Forklifts, in the amount of $135,953, plus a contingency of $10,000, for a total amount not to exceed $145,953, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles and maintenance equipment. The Public Works Agency Stores & Property Control (Central Stores) is responsible for procurement, shipping, receiving, and warehousing of equipment and supplies for internal City customers.

Central Stores is in need of three new forklifts to replace aging equipment that have exceeded their useful life according to the Fleet Services Division’s recommended Equipment Lifecycle Guidelines. Replacing the forklifts with more reliable and efficient models is essential to ensure that Central Stores can continue to meet the needs of its internal City customers.

Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) awarded a contract to Select Equipment Sales, a Santa Ana vendor, (Contract No. 091520-HCE) for procurement of equipment as a result of open competitive bidding on behalf of its members, which includes government agencies.

Utilizing the contract awarded to Select Equipment Sales for the purchase of the three forklifts is in accordance with the City’s existing Purchasing Guidelines.

City Council
20 –
1 12/20/2022

Purchase of Three Hyundai Forklifts
December 20, 2022

Page 2 ends

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ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budgeted and made available in the following account for the specified year.

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 01117017-66400 General Fund
PWA-Service
Enhancement,
Machinery & Equipment
$145,953
Submitted By:

Nabil Saba, Executive Dir Public Works
Approved By: Kristine Ridge, City Manager

City Council
20 –
2 12/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Amend Agreement and Exercise First Renewal Option for Park Tree Maintenance Services

AGENDA TITLE
Amend the Agreement with West Coast Arborists, Inc., for Tree Maintenance Services, Increasing the Annual Amount by $280,000 for the Remaining Term of the Agreement and Exercise First Renewal Option (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc. (WCA), for tree maintenance services, increasing the annual amount by $280,000, for a total amount not to exceed $2,444,100 with six one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $18,050,750, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency is responsible for the maintenance of approximately 50,000 parkway and street median trees and 7,000 City park trees with the primary goal of preserving the integrity and health of the Santa Ana Urban Forest. Performing proper and timely tree trimming extends the life cycle of the urban forest by decreasing the likelihood of limb failures and preventing safety hazards to the public and reducing the City’s liability.

Public Works’ Parks, Fleet and Facilities Division oversee the maintenance of City- owned trees on all City parks. Staff recommend increasing the budget by $280,000 annually for parks tree services maintenance services on an as-needed basis. The additional funds will be utilized for routine grid trimming cycle, prune additional trees, and provide the flexibility of using WCA staff to assist with emergency response efforts during and after windstorm events.

On November 17, 2020, the City entered into an agreement with WCA, the current tree maintenance provider, in the amount of $3,028,650 for the first 18 months and $2,109,100 annually to exercise any of the six one-year renewal options (Exhibit 1).

WCA has served the community's urban forest needs by pruning approximately 15,000 trees a year. They have also implemented an inventory system utilizing Global

City Council
21 –
1 12/20/2022

Amend Agreement for Tree Maintenance Services
December 20, 2022

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Positioning System (GPS) technology for all City street trees and prepared an inventory for the City's use. This GPS inventory has led to more efficient tree inspections and pruning, improved accuracy in record-keeping, and timely production of information relevant to service requests and liability claim investigations.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funding for the amended agreement is budgeted and available in the Fiscal Year 2022- 23 Council-approved budget and will be budgeted in future years through following accounts:

Accounting
Unit
Account
Number
Accounting Unit
Account
Description
Fund
Description
FY
2022-23
(Current)
FY
2022-23
(Amendment
)
FY
2022-23
(Total)
01117643
62300
Public Works
Street Trees
General
Fund $1,599,100 - $1,599,100
02917635
62300
Public Works
Median
Landscaping
Special Gas
Tax Fund $200,000 - $200,000
01117651
62320
Parks
Maintenance
General
Fund $250,000 $250,000 $500,000
07417655
62320
Parks
Civic Center
General
Fund $30,000 $30,000 $60,000
01113220
62300
Parks
Zoo
General
Fund $30,000 - $30,000
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $25,000 - $25,000
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $5,000 - $5,000
06017640
62300
Water Utility
Production &
Supply
Water $12,500 - $12,500
08517138
62300
City Yard
Operations City Yard $12,500 - $12,500
Total $2,164,100 $280,000 $2,444,100

City Council
21 –
2 12/20/2022

Amend Agreement for Tree Maintenance Services
December 20, 2022

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Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2023-24
FY
2024-25
FY
2025-26
01117643
62300
Public Works
Street Trees
General
Fund $1,599,100 $1,599,100 $1,599,100
02917635
62300
Public Works
Median
Landscaping
Special Gas
Tax Fund $200,000 $200,000 $200,000
01117651
62320
Parks
Maintenance
General
Fund $500,000 $500,000 $500,000
07417655
62320
Parks
Civic Center
General
Fund $60,000 $60,000 $60,000
01113220
62300
Parks
Zoo
General
Fund $30,000 $30,000 $30,000
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $25,000 $25,000 $25,000
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $5,000 $5,000 $5,000
06017640
62300
Water Utility
Production &
Supply
Water $12,500 $12,500 $12,500
08517138
62300
City Yard
Operations City Yard $12,500 $12,500 $12,500
Total $2,444,100 $2,444,100 $2,444,100
Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2026-27
FY
2027-28
FY
2028-29
(6 Months)
01117643
62300
Public Works
Street Trees
General
Fund $1,599,100 $1,599,100 $799,550
02917635
62320
Public Works
Median
Landscaping
Special Gas
Tax Fund $200,000 $200,000 $100,000
01117651
62320
Parks
Maintenance
General
Fund $500,000 $500,000 $250,000
07417655
62320
Parks
Civic Center
General
Fund $60,000 $60,000 $30,000
01113220
62300
Parks
Zoo
General
Fund $30,000 $30,000 $15,000

City Council
21 –
3 12/20/2022

Amend Agreement for Tree Maintenance Services
December 20, 2022

Page 4 ends

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Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2026-27
FY
2027-28
FY
2028-29
(6 Months)
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $25,000 $25,000 $12,500
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $5,000 $5,000 $2,500
06017640
62300
Water Utility
Production &
Supply
Water $12,500 $12,500 $6,250
08517138
62300
City Yard
Operations City Yard $12,500 $12,500 $6,250
Total $2,444,100 $2,444,100 $1,222,050
GRAND TOTAL AMOUNT – NOT TO
EXCEED
(Including $2,164,100 from FY 21-22)
$18,050,750

EXHIBIT(S)

1. Second Amendment with West Coast Arborists, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
21 –
4 12/20/2022

Page 1 ends

f 2

SECOND AMENDMENT TO SERVICES

AGREEMENT
WITH WEST COAST ARBORIST, INC.

THIS SECOND AMENDMENT TO AGREEMENT is entered into this 20th day of December 2022, by and between West Coast Arborist, Inc. (“Co nsult ant”), 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 No
vember 17, 2020, the City entered into Agreement #A-2020-228 with Consultant to provide tree maintenance services.

B. On
March 15, 2022, the parties entered into a Second Amendment to increase the annual compensation by $145,000.

C. In ac
cordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to further increase the annual compensation for additional services such as routine grid trimming cycle, prune additional trees, and to assist with emergency response efforts during and after windstorm events on an as-needed basis for the remainder of the term including any extension periods.

THE PA
RTIES THEREFORE AGREE:

1. Sec
tion 2, COMPENSATION, shall be amended to increase compensation as follows:

The total amount to be expended under this Agreement shall not exceed $18,050,750 during the term of this agreement, including any extension periods exercised under Section 3. The annual sum shall be increased by $280,000 for a total amount not to exceed $2,444,100 annually.

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 Second Amendment to the Agreement the date and year first above written.

ATTEST
: CITY OF SANTA ANA
_________
__________________ ________________________
Kristine Ridge
Clerk of the Council City Manager
[Si
gnatures continued on the following page]
EXIHIBIT 1

City Council
21 –
5 12/20/2022

P
age 2 of 2
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
____
_________________________
By: Jose Montoya
Assistant City Attorney
R
ECOMMENDED FOR APPROVAL: CONSULTANT
__________________________
_______________________________
Nabil Saba, P.E. By: Patrick Mahoney
Executive Director of Title: President
Public Works Agency

City Council
21 –
6 12/20/2022

Public Works Agency
www.santa-ana.org/departments/public-works/
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal
AGENDA TITLE:

Amend the Agreement with Superior Property Services, Inc. To Increase The Total Agreement Amount by $700,000 (Project No. 22-1402) Not to Exceed $1,966,568 for Hardscape Pavement Cleaning and Infectious Waste Removal Services for the Remaining Term of the Agreement (General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $700,000 for a total agreement amount not to exceed $1,966,568, for the remainder of the agreement term expiring June 30, 2026, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division maintains the Santa Ana Civic Center as part of the Civic Center Joints Power Authority with the County of Orange.

On January 24, 2022, Parks, Recreation and Community Services issued a Request for Proposal (RFP) for hardscape pavement cleaning and infectious waste removal services.

As a result, on May 17, 2022, Superior Property Services, Inc. was awarded an agreement from July 1, 2022 through June 30, 2026.

On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery funds. A $700,000 in cost savings was subsequently identified and redirected, by the City Manager’s authorization, to the COVID-19 Sanitization project. Staff is finding an increasing need for cleaning and sanitization at high-traffic pedestrian and bicyclist areas throughout the City. Due to the prompt and excellent services already provided by Superior Property Services, Inc., staff would like to increase current services to enhance public health and safety.

City Council
22 –
1 12/20/2022

Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal December 20, 2022

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Staff recommends increasing the current agreement with Superior Property Services, Inc. by an amount of $700,000, for a revised total agreement amount not to exceed $1,966,568 for the remainder of the agreement term (Exhibit 1).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Additional $700,000 ARPA funds are available for expenditure in the current Fiscal Year 2022-23 through Fiscal Year 2025-26. Any unspent ARPA funds allocated for this expenditure will be carryforward until funds are exhausted through the term of the agreement.

Additional funds:

Fiscal Year Accounting
Unit –
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Total
FY 2022-23
through
FY 2025-26
18117013-
66200
(22-1402)
American
Rescue Plan
Act (ARPA)
ARPA – PWA
Buildings & Building
Improvements
$700,000
Prior Approval:
2022-23
(July-June)
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance-
Maintenance &
Repair Buildings &
Grounds
$316,642
2023-24
(July-June)
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance-
Maintenance &
Repair Buildings &
Grounds
$316,642
2024-25
(July-June)
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance-
Maintenance &
Repair Buildings &
Grounds
$316,642
2025-26
(July-June)
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance-
Maintenance &
Repair Buildings &
Grounds
$316,642
Total $1,966,568

City Council
22 –
2 12/20/2022

Amend Agreement for Hardscape Pavement Cleaning and Infectious Waste Removal December 20, 2022

Page 3 ends

3 1
2 7

EXHIBIT(S)

1. First Amendment to the Agreement with Superior Property Services, Inc.

Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager

City Council
22 –
3 12/20/2022

EXHIBIT 1
FIRST AMENDMENT TO AGREEMENT WITH SUPERIOR PROPERTY SERVICES.

INC. TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS

WASTE REMOVAL SERVICES IN THE CIVIC CENTER
THIS FIRST AMENDMENT is entered into this 20th day of December 2022, by and between Superior Properties Services, Inc. ("Consultant"), 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. On May 17, 2022, the parties entered into Agreement No. A-2022-076 ("Agreement") to conduct hardscape pavement cleaning and infectious waste removal services in the Civic Center.

B. The parties wish to amend the Agreement to increase the compensation, expand the services citywide and to indicate that the additional amounts to be expended are using funds provided by the American Rescue Plan Act ("ARP A").

The Parties therefore agree:

I. Recitals are hereby amended to add the following:

A. ARPA was signed into law in March 2021. ARPA authorizes the United States Department of Treasury to provide funding for a number of different programs, in
cluding the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.

B. On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARP A SLFRF funding from the United State Department of Treasury for the Revive Santa Ana Spending Plan, which includes five spending categories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal hea lth.

C. The primary purpose of the Agreement is to provide consulting services related to public health and lessening the spread of COVID-19.

D. The Grant Program is specifically listed as an enumerated eligible use of SLFRF payments under expenditure category 1.4 of the Department of the Treasury Final Rule for the Act, Public Health: Prevention in Congregate Settings.

II. Section 2, Compensation, shall be amended to increase the compensation by utilizing $700,000 from ARPA/REVIVE Santa Ana funds. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $1,966,568.

Page 1 ends

City Council
22 –
4 12/20/2022

City Council
22 –
5 12/20/2022

City Council
22 –
6 12/20/2022

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:

City Council
23 –
1 12/20/2022

Fuel Delivery and Supply Services
December 20, 2022

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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

City Council
23 –
2 12/20/2022

Fuel Delivery and Supply Services
December 20, 2022

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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

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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
AAA OIL, INC.TO PROVIDE GASOLINE AND DIESEL SUPPLY AND DELIVERY TH
IS 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”).

ECITALS
A. T
he City desires to retain a Contractor having special skill and expertise to supply the City’s annual gasoline and diesel fuel needs.

B. O
n 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.

C. C
ontractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is a wholesale distributor of diesel, gasoline, L NG/natural gas, and other petroleum products and is able and willing to provide such services to the City.

D. I
n 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.

N
OW 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. S

COPE OF SERVICES
O
n 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. CO

MPENSATION
a. C
ity neither warrants nor guarantees any m inimum or maximum compensation to Contractor under t his 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. P
ayment 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 EXHIBIT 1

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2 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 1 7, 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 failu re 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 sec urity 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 sub contractors 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.

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3 7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance 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:

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4 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

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5 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 a rising 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 S ection 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.

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6 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 payme nt 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 disclos ed 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 fi rst class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided

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7 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 pur poses 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 su persedes 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.

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8 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. N othing 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 pr oceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

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9 20. PROFESSIONAL LICENSES

Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemp tions 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]

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EXHIBIT A

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EXHIBIT B

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Q# Question Response
1 What are the city's payment terms? Does the city do early payment if offered a discount? Payment term is net forty‐five (45) d ays per Attachment 4 Section 3. Term 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.

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? 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. 4 Do the emergency powered generators on page 15 take Red Dyed Diesel? 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?
Yes, please refer to Addendum One
7 Are we required to bid all products and all services to be considered for award? 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 be included in this solicitation?  Are we required to bid on this service to be considered for award? No, please refer to Addendum One
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? Yes, p lease refer to Addendum One 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? 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 the pricing entries with the structure of the Clear Diesel Pricing and add both Delivery Size breakdowns categories (7000+ and 3500‐ Yes, please refer to Addendum One
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 the pricing entries with the structure of the Clear Diesel Pricing? Yes, please refer to Addendum One
13 What is the average delivered quantity of unleaded fuel at the Corporate Yard? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. 14 What is the average delivered quantity of diesel fuel at the Corporate Yard? The average delivery size to the Corporate Yard is 8,800 gallons for diesel. 15 What is the average delivered quantity of unleaded fuel at the Police Department? The average delivery size to the Police Depar tment 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 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?
Yes, please refer to the addendum
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? Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hƩps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 19 Are “fees” part of the evaluation criteria for this bid? Yes, refer to Section I. General under C. Proposal Evaluation and Rating 20 Are we required to submit an hourly rate on our “Fee Proposal” with this contract as we are supplying a commodity? Yes, refer t o Scope of Services Section K. Fee Schedule 21 When is the City planning on going to City Council for award approval? The anticipated project award date is Tuesday, November 15, 2022 per the RFP cover page 22 What is the annual volume for Dyed Diesel? 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? The fuel tanks are below ground 25 Is the 6,000 gallon Dyed Diesel tank at the Santa Ana Police Department above ground or below ground? The 6,000 gallon tank spe cified is below ground 26 Do we need to own fleet of delivery vehicles? 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 aŌer every delivery? Yes 29 Do we have to bid on the Propane Tank Installation and fueling in order to be responsive on this bid? No, please refer to Adden dum One 30 Is the City currently using RD99? 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? Yes 32 Is the City currently using RD95? 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? Yes, upon reque st 34 What is the average delivery size for Unleaded to the Corporate Yard? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. 35 What is the average delivery size for diesel to the Corporate Yard? The average delivery size to the Corporate Yard is 8,800 ga llons for diesel. 36 What is the average delivery size for Unleaded to the Police Department? The average delivery size to the Police Department is 8,800 gallons for unleaded. 37 Is the City exempt from any taxes? 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.? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 39 What OPIS benchmark City would you like bidders to use? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 40 May I please have a copy of the most recent unleaded invoice for the Corporate Yard? The Water Division cannot release those re cords a this time 41 May I please have a copy of the most recent diesel invoice for the Corporate Yard? The Water Division cannot release those reco rds a this time 42 May I please have a copy of the most recent unleaded invoice for the Santa Ana Police Department? The Water Division cannot rel ease those records a this time 43 What OPIS index do you want us to use for 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 RFP 22‐110 Gasoline and Diesel Supply and Delivery Services 9/29/2022
 
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44 What OPIS index do you want us to use for RD95? 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 45 Do we have to bid on all line items to be responsive for this bid? No, please refer to Addendum One 46 What OPIS index would you like us to use for 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 47 What OPIS index would you like us to use for RD95? 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 48 Do the generator sites require Dyed Diesel fuel? Yes 49 Is the City planning on awarding the contract to multiple vendors? The City intends to reward the Contract to one Contractor 50 Will the City please consider extending the bid due date due to all of the clarifications requested? Yes, please refer to Adden dum One 51 What are the tank sizes for each of the propane vehicles? The propane requirements are as stated in the RFP 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 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 hƩps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 55 Can you please supply a couple of your most current invoices for gasoline, and all grades of diesel fuels. The Water Division c annot release those records a this time 56 Can the city of Santa state the current percentage amount for local preference. There is no percentage amount 57 Can you please state how the local preference will be evaluated in the bidding process. The local preference is not a part of t he evaluation 58 Does the current vendor have a local preference on the current contract? The local preference is not a part of the evaluation 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 and provide as proof of delivery?
Yes
61 Is there a Veeder Root system available for the 20,000 gallon tanks for inventory purposes? Yes 62 If there is a Veeder Root system for the 20,000 gallon tanks, are the suppliers allowed virtual/electronic access? The City doe s not currently have vitual/electronic access, but is anticipating having it in the future 63 Can we provide a "No Bid" on Section C ‐ 9. Propone Tank Installation and Fueling Specifications portion of the BID? Yes, pleas e refer to Addendum One 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.

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? Not seeing deadline on the RFP
The Letter of Intent is optional and due at any time during the duration of the Bid 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? There are none 68 Can city please advise how many deliveries per year will be needed for each emergency generator locations. The frequency of fue l deliveries is dependent upon usage 69 Can city advise what carrier is currently making the emergency generator deliveries? Fueling delivering for emergency generato rs are performed internally 70 Can the city please supply the bid tabulations for the current contract. Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hƩps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 71 Can the city supply a couple of bill of ladings for gasoline and diesel fuel. The Water Division cannot release those records a this time 72 Will a Truck and Trailer be able to fit at all fueling stations for the city? Yes 73 Will a Semi truck be able to fit at all fueling stations for the city. 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. Refer to Addend um One 75 Can city state what will the propane be used for for? The propane powered vehicles are listed in the Scope of Services 76 What is average delivery size of gasoline and diesel to the corporation yard and the PD Site. 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. 77 How many deliveries in the range of 7,000 plus for gas and diesel for the Corporation yard? Around 80 to 90% of deliveries annu ally range in 7,000 plus. 78 How many deliveries for 7,000 plus for gas and diesel for the PD site. Fall into this range. Around 80 to 90% of deliveries ann ually range in 7,000 plus. 79 How many deliveries fall in the range of 7,000 plus for gas and diesel for the Corporation yard. Around 80 to 90% of deliveries annually range in 7,000 plus. 80 Does the city allow for split combination deliveries between corporation and PD site? Yes 81 What are the city payment terms? Payment term is net forty‐five (45) days per Attachment 4 Section 3. Term 82 Will city accept ACH payments? Yes
83 How many deliveries fall between the range of 3,500‐6,999 for gas and diesel? Usage quantites are approximate and shall not be interpreted as quantitied ordered 84 Can city state the range of gallons for RD99 and RD95? In order give a delivery charge rate per gallon. Refer to Addendum One 85 Can city advise if the non‐conclusion affidavit has to be notarized? Yes, please notarize per the conditions specified in the N on‐Collusion Affidavit 86 OPIS does not have index for propane. Can the city advise if we need to utilize the weekly BPN news letter index? Utilize weekl y BPN news letter index for propane 87 Will the city be open to use a bigger tank for propane usage? Ye s 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, red dyed diesel, and renewable fuels.

Please refer to Addendum One
89 Can city advise currently what you are paying for fuel tenders / fuel trailers. This would be for reduced rate, standard rate, and extended rate
The Water Division cannot release those records a this time 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 8,80 0 gallons for unleaded. 92 What is the classifications for a vendor to have a local preference discount for city of Santa Ana? There are no local preferan ce discounts for the 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.

The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703)  
City Council
 23 – 34
12/20/2022
 

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 discount.

The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) 95 Can city please advise who is currently making gas and all grades of diesel deliveries. What transport company currently making deliveries.

Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 96 Can the city please confirm we need to submit the fee scheduled, in addition to the fee proposal on page 24. A rates schedule a nd 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 schedule. Hard to give a cost on equipment, labor, material, if we do not know how much the project will require. Please advise.

A rates schedule is an hourly rate; if the specifications in Section K do not apply, please omit 98 Can city please advise if your currently billed separate lines items for fuel surcharge, and pump charge fees. Besides the stop in transit fee.

The City is not billed separate line items for fuel surcharge and pump charge fees  
City Council
 23 – 35
12/20/2022
 

EXHIBIT C

City Council
23 –
36 12/20/2022

City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)

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