A-2022-248
5. 1-2023
FEQ 7 H23 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
tyw,&-) AAA OIL, INC. TO PROVIDEGASOLINE AND DIESELSUPPLY AND DELIVERYA+ r" k" V1A
iobONAJ) THIS AGREEMENTis madeand enteredinto this20" dayof December2022 by andbetweenAAA Oil, Inc. (" Contractor"), and the Cityof SantaAna, a chartercity and municipalcorporationorganized and existing under the Constitutionand lawsof theStateof California ("City"). RECITALS A.
The Citydesiresto retaina Contractorhaving specialskill and expertiseto supplythe City's annual gasolineand dieselfuel needs. B.
On September13, 2022, the CityissuedRequestfor Proposal ("RFP") No. 22- 110, by whichit sought Contractorsto providegasolineand dieselfuel deliveryand supplyservicesto theCity. C.
Contractorsubmitteda responsiveproposal that wasamongthose selectedby theCity. Contractorrepresents that Contractoris a wholesaledistributor of diesel, gasoline, LNG/ naturalgas, and other petroleumproducts and is ableand willingto providesuch servicesto theCity. D.
In undertakingthe performanceof thisAgreement, Contractor represents that it is knowledgeablein itsfieldand thatanyservicesperformedby Contractorunder this Agreementwill be performedin compliancewith suchstandardsas mayreasonablybe expectedfrom a professionalcontracting firm in thefield. NOW
THEREFORE, in considerationof themutualand respectivepromises, and subjectto thetermsand conditionshereinafter set forth, the partiesagree as follows: 1.
SCOPE OF SERVICESOn
an as -neededbasis, Contractorshall performthe tasksand obligationsincluding all labor, materials, tools, equipment, and incidentalcustomarywork requiredto fullyand adequatelycomplete the services describedand set forthin Scopeof Services — Exhibit A, attachedhereto and incorporatedby reference and (" RFP") No. 22- 110 — ExhibitB, attachedhereto and incorporatedby reference. 2.
COMPENSATIONa.
City neitherwarrantsnor guaranteesany minimumor maximumcompensationto Contractor under this Agreement. Contractor shall be paidonly for actualservicesperformed under this Agreementat theratesand chargesidentifiedin ExhibitC. Thetotalannual sum to be expendedunder the termof thisAgreementshall not exceed $1, 300,000 during each year of theAgreement. The total sum to be expendedunder this Agreementfor the entireterm shall not exceed $6, 500,000. b.
Paymentby Cityshallbe madewithinforty- five (45) daysfollowingreceipt of properinvoice evidencingwork performed, subject to Cityaccountingprocedures. Payment need not be madefor workwhichfails to meetthe standardsof performanceset forthin the Exhibit 1
Recitalsand Scopeof Work, which may reasonablybeexpectedby City.
3. TERM
This Agreement shall commence on the date first written above and terminate on December 19, 2025, unlessterminatedearlier in accordancewith Section17, below. The term of this Agreementmay 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 andharmlessfrom any claim or liability arising out of anyfailure or allegedfailure 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 subjectmatterof thisAgreement; however, the servicesto beprovidedby Contractorshallbeprovided 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 Agreementcreatesanon-exclusiveandperpetuallicensefor 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 documentsor works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawingsor datamagneticallyor otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (" Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its useof the DocumentsandData at any time, provided that any suchusenot within thepurposesintendedby this Agreementshallbe at City' s solerisk. 2 7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damagesto property which may arise from or in connection with theperformance of the work hereunderand 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:
Commercial General Liability ( CGL): InsuranceServicesOffice Form CG 00 01 covering CGL on an "occurrence" basis, including productsandcompletedoperations, property damage, bodily injury andpersonal & advertisinginjury with limits no lessthan $2,000,000 per occurrence. If ageneralaggregatelimit applies, eitherthegeneralaggregatelimit shallapply separatelyto thisproject/location (ISO CG 25 03or 25 04) or the generalaggregatelimit shallbe twice the required occurrence limit.
2. Automobile Liability: InsuranceServicesOffice FormNumber CA 0001covering any auto Code 1), or if Contractor has no owned autos, hired ( Code 8) and non -owned ( Code 9) autos, with limit no lessthan $1,000,000per accidentfor bodily injury andpropertydamage.
3. Workers' Compensation insuranceasrequiredby the Stateof California, with StatutoryLimits, andEmployer'sLiability Insurancewith limit of nolessthan $1,000,000peraccidentforbodily injury or disease.
4. Contractors Pollution Liability and/ or Errors & Omissions applicableto the work being performed, with a limit no lessthan $2,000,000 per claim or occurrence and $2,000,000 aggregateperpolicy period of oneyear. If the contractormaintainsbroadercoverageand/or higher limits thanthe minimumsshownabove, the City requiresandshallbeentitled to the broadercoverageand/or thehigher limits maintainedby 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 -insuredretentionsmust bedeclaredto andapprovedby the City. The City mayrequirethe Contractoror Consultantto purchasecoveragewith a lower retentionor provideproof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy languageshallprovide, or beendorsedto provide, that the self -insuredretentionmay be satisfied by eitherthe namedinsuredor City.
Other Insurance Provisions
A. The GeneralLiability, Automobile Liability, ContractorsPollution Liability, and/or Asbestos Pollution policies areto contain, or beendorsedto contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respectto liability arisingout of work or operationsperformedby 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 1185 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 anyclaims relatedto this project, the Contractor' s insurance coverageshall be primary insurance coverageat leastasbroadasISO CG 20 0104 13asrespectsthe City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintainedby the City, its officers, officials, employees, agents, or volunteersshallbe 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, exceptwith noticeto the City.
B. TheAutomobile Liability policy shall beendorsedto includeTransportationPollution Liability insurance, coveringmaterialsto betransportedby Contractorpursuantto the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If GeneralLiability, ContractorsPollution Liability and/or AsbestosPollution 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. Insurancemust bemaintainedandevidenceof insurancemust beprovidedfor at leastfive 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 purchasean extendedperiod coveragefor aminimum of five (5) yearsafter completionof contract work.
5. A copy of the claimsreporting requirementsmustbe submittedto the City for review.
6. If the services involve lead -basedpaint or asbestosidentification / remediation, the Contractors Pollution Liability shall not contain lead -basedpaint or asbestosexclusions. If the servicesinvolve mold identification / remediation, the ContractorsPollution 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 lessthan ANIIif admittedin theStateof California. Verification of CoverageContractor
shall furnishthe Citywith originalCertificatesof Insuranceincluding all requiredamendatory endorsements (or copiesof theapplicablepolicy languageeffecting coveragerequired by this clause) and a copyof theDeclarationsand EndorsementPage of theCGLpolicylisting all policyendorsements to Citybeforework begins. However, failure to obtainthe requireddocumentsprior to thework beginningshall not waivethe Contractor's obligationto providethem. The City reservesthe right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Contractorherebygrantsto City awaiver of subrogationwhich anyinsurermay acquireagainstCity, its officers, officials, employees, andvolunteers, from Contractorby virtue of thepaymentof any loss.
Contractor agreesto obtain any endorsement that may be necessaryto affect this waiver of subrogation but this provision appliesregardlessof whetheror notthe City hasreceiveda waiver of subrogation endorsementfrom the insurer. The Workers' Compensationpolicy shallbe endorsedwith a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractorshallrequire andverify that all subcontractorsmaintaininsurancemeetingall the requirementsstatedherein, andContractorshall ensurethat City is an additional insuredon insurance requiredfrom subcontractors. For CGL coveragesubcontractorsshallprovide coveragewith a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reservesthe right to modify theserequirements, including limits, basedon the natureof the risk, prior experience, insurer, coverage, or other specialcircumstances.
8. INDEMNIFICATION
Contractor agreesto defend, andshall indemnify andhold harmlessthe 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, andclaims for property damage, which may arisefrom 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 equitablerelief is dueby reasonof the terms of or effects arising from this Agreement. This indemnity and hold harmlessagreementappliesto all claimsfor damages, just compensation, restitution, judicial or equitablerelief suffered, or allegedto have beensuffered, by reasonof the eventsreferredto in this Sectionor by reasonof thetermsof, or effects, arisingfrom this Agreement. TheContractorfurther agreesto indemnify, hold harmless, andpay all costs for thedefenseofthe City, includingfeesandcostsfor specialcounselto beselectedbytheCity, regarding any action by a third party challengingthe validity of this Agreement, or assertingthat personalinjury, damages, just compensation, restitution, judicial or equitablerelief dueto personalor propertyrights arises by reasonof thetermsof, or effectsarising from this Agreement. City maymake all reasonabledecisions 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.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, andemployeesagainstany andall liability, including costs, andattorney's fees, for infringementof any United States' letterspatent, trademark, or copyrightcontainedin thework productor documentsprovided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractorshallkeeprecordsandinvoicesin connectionwith the work to beperformed 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 paymentto Contractorunderthis Agreement. All suchrecordsandinvoicesshall be clearly identifiable.
Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of suchrecordsandany other documentscreatedpursuantto this Agreementduring regularbusinesshours.
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 reasonablyunderstoodto be confidential and/or proprietary, Contractor agreesthat it shall not use or disclose such information except in the performance of this Agreement, and further agreesto exercise the samedegreeof care it usesto protect its own information of like importance, but in no event lessthan 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 disclosedto either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosureshall not applyto any information that (a) hasbeendisclosedin publicly availablesources; b) is, through no fault of the Contractor disclosed in a publicly available source; ( c) is in rightful possessionof the Contractorwithout an obligation of confidentiality; (d) is requiredto bedisclosedby operation of law; or ( e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractorcovenantsthatit presentlyhasno interestandshallnot haveinterests, 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 othercommunicationpursuantto this Agreementshall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certifiedmail, postageprepaid, or sentby fax or othertelegraphiccommunicationin themannerprovided 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 SantaAna
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 ManagerandContractsAdministrator
A party may changeits addressby giving notice in writing to the otherparty. Thereafter, anycommunicationshallbeaddressedandtransmittedto thenewaddress. If sentby mail, communication shall be effective or deemedto havebeengiven three (3) daysafter it hasbeendepositedin the United Statesmail, dulyregisteredorcertified, withpostageprepaid, andaddressedassetforthabove. If sentby fax, communication shall be effective or deemedto have been given twenty- four ( 24) hours after the time set forth on the transmissionreport issuedby the transmitting facsimile machine, addressedas set forth above. For purposesof calculating thesetimeframes, weekends, federal, state, Countyor City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement representsthe complete and exclusive statement between the City and Contractor regarding the subjectmatter herein, and supersedesany and all other agreements, oral or written, betweenthe parties. In the event of a conflict betweenthe terms of this Agreement and any attachmentshereto, thetermsof this Agreementshallprevail. ThisAgreementmaynotbemodified except by writteninstrumentsignedby theCity andby anauthorizedrepresentativeof Contractor. Theparties agreethat anytermsor conditionsof anypurchaseorderor other instrumentthat areinconsistentwith, 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, havebeenmadebyanyparty, or anyoneactingon behalfof anyparty, whicharenot embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractormay not assign, transfer, delegate, or subcontractany interesthereinwithout the prior written consentof the City andany suchassignment, transfer, delegationor subcontractwithout the City' s prior written consentshall be considerednull andvoid. Nothing in this Agreementshallbe construedto limit the City' s ability to haveany of the serviceswhich arethe subjectto this Agreementperformedby City personnelor by other Contractorsretainedby City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedycontainedin or grantedby the provisionsof this Agreementshallbeeffective unlessit is in writing andsignedby 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 Agreementmaybe terminatedby the City uponthirty (30) dayswritten noticeof termination.
In suchevent, Contractorshall be entitledto receiveandthe City shallpay Contractorcompensationfor all servicesperformedby Contractorprior to receiptof suchnoticeof termination, subjectto thefollowing conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work productcompletedasof suchdate, andin suchcasesuchwork product shall bethe property of the City unlessprohibited by law, andContractorconsentsto 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, nationalorigin, ancestry, or disability, asdefinedandprohibitedby applicablelaw, 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 employerandshall complywith all applicablefederal, stateandlocal lawsandregulations.
19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, andenforcementof any of theclausesof this Agreementshallbedetermined and governed by the laws of the Stateof California. Both parties further agreethat OrangeCounty, 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 exemptionsnecessaryfor the provision of the serviceshereunderand requiredby the laws andregulationsof the United States, the Stateof California, the City of SantaAna and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain suchpermits, licenses, approvals, waivers, andexemptions. Saidinability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Eachundersignedrepresentsandwarrantsthat its signaturehereinbelow hasthepower, 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 damagesto City in the eventthat suchauthorityor power is not, in fact, held bythe signatoryor iswithdrawn.
b. All exhibits referencedhereinandattachedheretoshall be incorporatedas if fully set forth in the body of this Agreement.
Signatures on the following page]
IN WITNESS WHEREOF, the partiesheretohaveexecutedthis Agreementthe dateandyear first above written.
ATTEST:
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:'
It
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba, P. E.
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR
c
Efrain avalos, Jr
v
CEO aSecretary10
EXHIBIT A
STATEMENT OF QUALIFICATIONS
B. Agreement Statement
AAAOil, Inc. dbaCaliforniaFuels & LubricantshasthoroughlyreadthescopeofworkinthisRFP, concurswiththe servicerequirementsandcommitsto performingthe workin accordancewith the terms and conditionsof the standardagreement, if awarded. We havefound noconcernsthat we feel need to be addressed.
C. Firm and Team Experience
Firm Overview
AAAOil, Inc. dbaCaliforniaFuels & Lubricants, a certifiedMinorityOwnedBusinessandSmall BusinessEnterpriselocatedinGardenGrove, Ca, isa leadingdistributorofqualitypetroleum products. Establishedin2004, we providefuelingandlubricantsservicesto approximately450 clients.
We offer bulkdelivery, on -site mobilefueling, inventorymanagement, tank rentalsand sales, fuel card programs, 2417EmergencyFuelingServicesand a wide arrayof lubricants, fluidsand accessoriesaswellasinternalfuelpolishingcapabilities. Weareavailable24/7, 365daysayear andcanfacilitateallaspectsoftheCityofSantaAna's needsasoutlinedinyourRFP.
No subcontractors would be used in the facilitation of this contract. All deliveries in Southern Californiaare managedsolelyby our ownfleetof trucksandourown personnel, offeringyou unmatchedcustomerserviceandaccountability. Wealsohavestorageof over200,000gallons of fuel in our yard to facilitatecontractedfuel deliveriesin the event of emergencyor rack shut- downs.
We understandthat fuel is a criticalcommoditythat your operationsrely uponand we are committedto meetingyour needspromptlyand with a staff of 90 professionalswho have extensiveexperiencein the petroleumindustry. We prideourselveson beingreliable, flexible, service oriented and dedicated. Our sensational customer service is the cornerstone of our organization.
Executive Summary
Jaime Duenas. Owner and President —17 years of experienceoverseeingall Assets Managementand StrategicPartnershipsin relationto both equipmentand supply EfrainDavalos, Owner. Secretaryand CEO — 17years of experiencemanagingthe StreetSales Team and Contracts Department
ChristinaDuenas. Ownerand GeneralManager- 17 years of experienceoverseeingall departmentsin day-to-day operations
JenniferCrawley, MarketingManagerand ContractsAdministrator — 23 years of experiencein all aspectsof fuel marketing, of which 8 years has been solelydedicatedto executingbids and contract administration
JessicaRamos, DispatchManager - 16yearsof experiencemanagingthedispatchdepartment and drivers
MarioJuarez, DirectorofFinance — 25yearsofexperiencemanagingallaspectsofBilling, Credit and Accounts Receivables
JuanLopez, ProcurementManager —15yearsofexperiencemanaging, negotiating, allocating and contracting supply
RobertDiero, FleetManager — 23yearsofexperiencemanagingtruckfleetmaintenance, licensing, permitting, safetyand compliance
OscarGonzalez, SafetyCoordinatorandServiceManager — 8yearsofexperiencemanaging the driversafetytraining programand coordinatesall equipmentrentalsand servicerequests Team and Organization Structure
If awarded, thefollowingkeypersonnelwouldbeinvolvedin theCityofSantaAna's contractas follows:
PROJECT MANAGER:
Jennifer Crawley - Marketing Manager and Contracts Administrator HandlesOrderPlacement — M-F 8:00-5:OOpmvia phone or email OFFICE PH: 714-530-4795
CELL: 714- 376- 7813
icrawley,@oafueling, com
Jennifer reports to Efrain Davalos
Order Placement — After- hours, weekends and holidays:
2417 Manned Dispatch Department
PH: 714- 530- 4795
Dispatch Manager — Jessica Ramos
BACK- UP TO PROJECT MANAGER
Stephanie Reyes — Sales Coordinator
OFFICE PH: 714- 530- 4795
CELL: 909- 965- 0600
sreyesOcafueling. com
Efrain Davalos — Sales Manager
OFFICE PH: 714- 630- 4795
CELL: 714- 720- 1378
edavalos( a_cafueling. com
Invoicing:
Jennifer Crawley prices and approves all invoices for email distribution BillinglAccounts Payable personnel include:
MarcelaCabrerra, JohnGutierrez, FableCabrerra, whoall reportto MalineSip, whoreportsto Mario Juarez
Accounts Receivables/ Collections:
MarisolJimenez, whoreportsto MalineSip, whoreportsto MarioJuarez Dispatch / Delivery:
JessicaRamosistheDispatchManager, with6 Dispatchersrotating24/7 shifts. Alldeliveries would be managedby our proprietaryfleet of 85 trucks (a combinationof truck and trailer, semi and bobtailtrucks) and 40 companyemployeddrivers.
D. Understanding Scope of Services
AAAOil, Inc. understandsthescopeofservicesto beprovided. Uponreceiptoforderplacement via phoneor email, standarddeliverieswill be scheduledto be receivedby the City within2 business days M-F 7:OOam-5:OOpmwith trucks equipped with radio and mobile telephone access that meet all CA compliance licensing and CARB regulation requirements and will adhere to all delivery requirements outlined in the scope of work.
In the eventof emergency, our Dispatchcan be reached24/7 by calling714-530-4795. The ProjectManagerand Back-up Personnelcontactinformationhas also beenprovidedif needed.
In the event that the City' s primary fuel tanks go out of service, AAA Oil, Inc. offers wet -hose services for both gasoline and diesel fuel, temporary tanks rentals, fuel trailer loans either with or without an attendant and a fuel card program.
AAA Oil, Inc. is also capableof managingthe City's fuel inventoryby installingremotefuel monitors that the City can also have access to via email. This would ensure that there are always eyesonyourinventoryandorderscaneitherbeplacedbyourstaffonanas -neededbasisor by the City's personnel. The monitorsprovidealertsevery 4 hours, allowingneitherAAA Oil northe City to be ever be caught off -guard. Should the City want to proceed with this value-added service, the cost would be an additional 0.02 per gallon on the fuel deliveries for those tanks we install monitors on.
E. Relevant Service Experience
Because CFL owns and operates its proprietary fleet, we offer customized solutions to your organizationand prideourselveson beingcreativeand responsiveinaddressingthe needsof our customers.
We service a variety of customers including commercial and industrial end -users, marinas, truck stops, municipalities, state and local government, utilities, military installations and both unbranded and branded retail stations. In addition, we provide inventory -managed delivery services to major refiners, delivering fuel to branded stations including Arco, Shell and USA gasoline.
Pleasesee a list a referencesincludedin your Attachment3: ProposersReferencesto follow
EXHIBIT B
REQUEST FOR PROPOSALS ( RFP)
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
RFP NO.: 22- 110
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
220 S. Daisy Avenue, Bldg A
Santa Ana, CA 92703
Armando Fernandez, P. E.
Project Manager
714) 647- 3316 Office
afernandez@santa- ana. org
Approved for Release:
Nabil Saba, PE
Executive Director
ublic Works Agency
KEY RFP DATES ( Subject to change at discretion of City):
Issue Date: Tuesday, September 13, 2022
Deadline for Requests for Information: Tuesday, September 27, 2022 at 4:00 P.M.
Proposal Due Date: Tuesday, October 4, 2022 at 4:00 P.M.
Projected Award Date ( anticipated): Tuesday, November 15, 2022
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
Appendix
ATTACHMENT 1: SCOPE OF WORK
City of Santa Ana RFP 22-110
Y
Gasolineand DieselFuel SupPlyand DeliveryServices
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
SCOPE OF WORK
A. INTRODUCTION AND BACKGROUND
TheCityof SantaAnais locatedin theCountyof Orangein SouthernCalifornia. TheCity encompasses27.5 squaremilesand a populationof over 340,000 people.
TheCity of SantaAna PublicWorks Agencyis soliciting proposalsfrom qualifiedfirms to providegasoline, dieselfuel, propaneandotherpetroleumproductsupplyanddelivery services. Theprimaryemphasiswillbeseekinggasolineanddieselfueldeliveryandsupply services for the Water Resources Division and the Police Department.
B. CONTRACTOR RESPONSIBILITIES
The Contractorshall provideall labor, materials, services, andequipmentnecessaryfor the supply anddeliveryof gasoline, dieselfuel, and other petroleumproducts. The Contractorshall possessall Federal, StateandLocalpermits, licenses, andapprovalsnecessaryto provide good/servicesrequiredintheScopeofWork. Anyassociatedfeesshallbetheresponsibilityof the Contractor.
C. SCOPE OF SERVICES
The Contractor shall provide the following scope of services:
1. DELIVERY LOCATIONS ( UNDERGROUND TANKS AND EMERGENCY GENERATORS) Theestimatedannualvolumeoffuelpurchasesofunleaded87octaneis325,000gallonsand 15,000gallonsof dieselfuel. Volumeestimatesarefromhistoricalrecords. Thedelivery locations include the following parameters:
1. Corporate Yard ( located at 215 S Center, Santa Ana, CA 92703) a. Three (3) 20,000 gallon tanks for unleaded fuel
b. One (1) 20,000 gallon tank for diesel fuel
2. Santa Ana Police Department ( located at 60 Civic Center Plaza, Santa Ana CA 92702)
a. Once (1) 20,000 gallon tank for unleaded fuel
b. One (1) 6,000gallontankforRedDiesel (Onedeliveryperyearat200to300 gallons to the emergency generator on -site)
c. One (1) above -ground250gallontankforRedDiesel (Onedeliveryperyear at 150 gallons)
City of Santa Ana RFP 22- 110
Gasolineand DieselFuel Supplyand DeliveryServices
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
In addition to the underground storage tanks, the City of Santa Ana maintains and operates five ( 5) emergency diesel powered generators. Upon request, the Contractor shall deliver diesel fuel to the following emergency generators:
Generator
Location Name
Generator
Make Facility Address
Estimated Fuel Tank
Size ( Gallons)
West Station Cummins 4426 W First St, Santa Ana, CA 92801 850 Segerstrom
Station
Perkins
2903 S Bristol St, Santa Ana CA 92704 224
East Station Cummins 1730 S Santa Fe St, Santa Ana CA 92705 850 Walnut Station Caterpillar 723 W Walnut St, Santa Ana CA 92703 1039 MaxineStation Caterpillar 1633SMaxineSt, SantaAnaCA92704 59 Usage quantities are approximate and shall not be interpreted as quantities ordered.
2. DELIVERY REQUIREMENTS
The Contractor shall provide a fleet of trucks adequate to handle the City of Santa Ana' s needs. All vehicles utilized to service the City of Santa Ana shall be equipped with a radio dispatch system or a mobiletelephone accessas well as have the capabilityof providing printed metered tickets at the time of delivery. In addition, the Contractor's delivery vehicles/ trucks must comply with the latest California Air Resources Board approved/ certified Phase II Vapor Recovery Equipment Requirements and any other applicable regulations.
The followingdeliveryrequirementsshall be implementedbythe Contractorwhen supplying and delivering gasoline, diesel fuel, and other petroleum based products to the City of Santa Ana:
Carriage vehicles shall be fully equipped, in good mechanical condition and appearance, and always bearingthe correct placard identificationof the fuel being delivered.
2. Hoses and coupler fittings shall be tight when in use. Product that leaks from hoses or couple connections shall be cleaned up and removed by the Contractor, including product in spill containers.
3. Delivery truck drivers shall stick each tank with a fuel tank gauge stick prior to offloading to ensure that adequate fuel storage is available to accept the entire shipmentwithoutspillage. Readingsshallbe takenbythe driverpriorto unloadingfuel and after unloading fuel and shall be recorded on the delivery receipts.
4. The Contractor shall provide a delivery metered ticket for each delivery of fuel and the metered ticket must be signed, dated, and provided to the ordering agency at delivery.
5. Fuel deliveries shall be made complete as ordered; no partial orders are accepted unless mutually agreeable.
City of Santa Ana RFP 22- 110
Gasoline and Diesel Fuel Supply and Delivery Services
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
6. The Contractorshallensurethatthe transportunitscanaccommodatethedelivery logisticsat everylocationpriorto dispatchingthoseunits.
7. The Contractorshall be responsiblefor obtainingfuel readingsand managingload inventory as requested by the City of Santa Ana to meet or exceed all State and local applicable laws and regulations.
8. All workshallbe in accordancewithapplicabletradepractices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations.
3. GASOLINE AND FUEL SPECIFICATIONS
Bysubmittinga proposal, theSupplierwillensurethatthegasolineanddieselfuelproducts delivered meet or exceed the following minimum specifications. Only major oil company qualityfuels meetingthe followingspecificationsare to be provided:
1. The fuel provided must meet the latest requirements of the California Air Resources Board ( CARE) Phase 2 Reformulated Gasoline and Diesel.
2. The fuel provided must meet Air Resources Board ( ARB), " The California Reformulated Gasoline Regulations" Title 13, California Code of Regulations Section 2250- 2273. 5 latest version/ sub articles, and all- inclusive amendments.
3. The fuel providedmustcomplywith the requirementsof the AmericanSocietyof Testing and Materials (ASTM) D4815 standard or latest version as verified by an independent lab.
4. RegularUnleadedGasolineshall havea minimumoctane ratingof 87 which shall be determined by using R+M/2 method.
5. CARB #2 Diesel — Clear: All diesel fuel sold for vehicular use in California must meet a 15 ppmmaximumsulfurlimit (UltraLow), in additionto meetingall of the currentlow aromatics CARB diesel specifications and ASTM D975 Standard Specifications for DieselFuelOils. Thedefinitionof "vehicularuse" In Californiaincludeson -highway vehicles and non -road vehicles such as agriculture and construction equipment. Carb 2 Diesel — Clear may contain up to 5% bio.
6. Allproductsfurnishedshallconformto all Federal, State, Local, AmericanSocietyof Testing and Materials ( ASTM), Department of Transportation ( DOT) and Air ResourcesBoard (ARB) regulationsforhandlingandsupplyofunleadedfuel/gasoline.
7. Only products of new manufacture or distillation will be accepted. No refined or reclaimed products will be accepted unless otherwise specified.
8. All fuel/gasolineshallhave a minimumshelf lifeof one (1) year.
9. Gasoline shall be unleaded regular 87 Octane minimum and diesel fuel shall be Type 2 clear unless otherwise specified.
10.AII fuel shall be temperature corrected to 60 degrees Fahrenheit and or at the City of Santa Ana RFP 22- 110
Gasoline and Diesel Fuel Supply and Delivery Services
CITY OF SANTA ANA
RFP NO,: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
adequate and required temperature set by Federal, State, Local, ASTM, DOT, ARB and/ or any other mandated laws, regulations and ordinances.
11. Diesel fuel must meet current fuel industry laws of Federal, State and local codes, requirements, standards and guidelines, including South Coast Air Quality Management District (SCAQMD), American Society of Testing and Materials (ASTM) laws, Department of Transportation ( DOT), Air Resources Board ( ARBO regulations, Reid Vapor Pressure (RVP) requirementsand regulationsfor handlingand supplyof diesel fuel.
4. ORDERING PROCESS
The Contractor shall not request minimum orders or pattern of use; all orders shall be placed as needed and at the convenience of the City of Santa Ana. The Contractor shall maintain an e- mail address to place all request/ orders, as well as a contact name and number for 24- hour access emergency service.
On non -emergency calls, the Contractor shall deliver all fuel orders in full and within one ( 1) calendar day after confirmation of receipt of order. The Contractor shall provide a delivery meteredticket for each fuel delivery, listingfuel order amountin gallons, locationof facility and a briefdescriptionof the productdelivered. A deliverymanualticketwill be acceptedonly when metered tickets are not available. The Contractor shall be responsible for all the time it takes to offload/transfer fuel from the fuel trucks to the City's tanks at various locations and any additional fees for standing time shall not be charged to the City.
5. EMERGENCY ON -CALL DELIVERY SERVICES
The Contractor shall be available on an on -call basis, 24/ 7, and ready to respond in the event of an emergency for emergencygasolineand/or dieselfuel supplyanddelivery.
Service calls shall be responded within two ( 2) hours. Contractor' s fueling crews must be able to arrive at the job site within four ( 4) hours of approval from the City to commence work. Regular business hours are considered from 7: 00 A. M. to 5: 00 P.M. ( Monday through Friday). Anytime outside of business hours of operation may be considered after hours/ weekends.
Gasoline, diesel fuel, and other petroleum product deliveries shall be scheduled 24- hours a day, seven days a week on an emergency on -call basis including but not limited to wet hose delivery service and after -hour delivery service. The Contractor shall provide 24-hour customer support telephone number and services for responding to all request/ orders for fuel, including telephone coverage on weekdays during normal business hours as well as 24- hour access phone number for after hours, weekends, holidays and emergency situations.
In an Emergency Event or Declared Disaster by the County/State or Federal entity, the Contractor shall service the City of Santa Ana under the same terms and conditions that apply during regular standard non- emergency/ disaster conditions.
City of Santa Ana RFP 22- 110
Gasoline and Diesel Fuel Supply and Delivery Services
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
6. " ZERO LEAKAGE" STANDARDS
The City of Santa Ana requires "zero leakage" standards for fuel transfer operations. The Contractorshallprovidenecessaryequipmentandpropertrainingof deliverypersonnelto prevent spillage or minimize the chance of spillage during connection and disconnection of hosesand duringthe transferof fuel. The Contractorwill likewiseensurethat all equipment, tools andproceduresusedareIn compliancewithallapplicablespecificationand regulations governing such operations.
Intheeventof leakageor spillage, it shallbetheresponsibilityoftheContractorto perform immediatecontainment, clean up, disposaland restorationactivitiesas necessaryin accordance with applicable State of California laws and regulations an subject to the County's satisfaction. All materialassociatedwithsuchcleanupshallbe removedbythe Contractor. TheContractorshallbeheld liableforanydamageor criminal/civilcitationswhich may occur as a result of any spills and/ or accidents.
7. FUEL TESTING SERVICES
The Contractorshallprovideas -requestedfuel -testingservicesfor purityandquality, contamination, additives, trans -mixed fuels or co -mingledfuels, physicalpropertiestesting, energy value, trace components, trace contaminants, safety and regulatory parameters, bacteria, and the like.
8. FUEL TENDERS AND TRAILERS
TheContractorshallbeableprovideafueltruckandanattendanttofuelvehiclesiftheCity fuel tank(s) are inoperableor if there an emergencywhere fueling must be staged at a secondarylocation. In the eventof an emergencyincidentthat spanover multipledays, the City of Santa Ana may hire fuel trucks/trailers to provide fuel during the incident so that vehiclescan be refueledwithoutleavingthe incident. Fueltrucksandtrailersshallbefully registered as commercial vehicles and be with all Department of Transportation ( DOT), Environmental Protection Agency (EPA), and state inspection requirements.
Supplies shall only be permittedto provide/distributeclear road fuel. Fuel truck and trailer operators are responsible for containing and disposing of the fuel spilled and special attention must be paid to hazardousmaterialconcernssuchas leakyfuel nozzles, tanks, etc.
Thetruck'sfueldispensingsystemshallbedesignedtopreventthewrongproductfrombeing dispensed, such as gasoline being introduced into a diesel -powered vehicle due to the dispensing system not being completely drained from the precious fueling, A separate dispensingsystemforeachproductcarriedonthefueltenderispreferred. Eachpumpshall have affixed the current year's weights and measures certificate from their home administrative county.
City of Santa Ana RFP 22-110
Gasolineand DieselFuel SupplyandDeliveryServices
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
The equipment required for the fuel trucks and trailers include, but are not limited to the following:
1. Fire extinguisher, Rated 2A10BC or better
2. Electronic backup alarm at a minimum of 97 dB
3. Spill kit
4. Secondary containment for dispensing area
5. Chock blocks of appropriate size for the tire diameter
6. Flashlight
7. No smoking signs posted on the front, rear, and sides
8. Department of Transportation ( DOT) standard reflectors The rentalrates providedshall be the maximumratesto be paid and may not be exceeded without prior written approval. On mobilization and demobilization days, " hours in service" includetransit to and from the incident. Hours in servicealso includetime spent in staging during the assigned shift. The Contractor shall provide rates based on the number of hours that the equipmentis in serviceand underthe Cityof SantaAna commandin calendarday.
Hired Equipment Shift Rates unless otherwise noted is issued one of three rates as determined by shift type; reduced, standard, and extended as detailed below:
1. Reduced Rate: Ratepaidfor upto eight (8) hoursin servicein calendarday,
2. Standard Rate: Rate paid for greater than eight ( 8) hours and up to sixteen 16) hours in service in a calendar day.
3. Extended Rate: Rate paid for greater than sixteen ( 16) hours in service in a calendar day. Equipment is only eligible for this rate when ordered as a 24-hour resource.
On mobilization and demobilization days, " hours in service' included transit to and from the incident. Hours in service include time spent in staging during the assigned shift.
In addition, Wet and Dry Rates include ( unless otherwise notes, all rates are " Wet"):
A. Wet rates include depreciation, indirect ownership costs, major overhaul cost, labor and parts for routine maintenance and repair, transportation, pilot vehicles, operators, PPE, fuel, lubricants, and operating supplied necessary for the equipment to perform as ordered.
B. Service vehicles and service personnel are included in the rates.
C. Equipmenthired "dry" does not includeoperatorsor fuel; The Cityshallprovide these as necessary for the equipment to perform as ordered. All other costs shall remain the responsibility of the Contractor.
City of Santa Ana RFP 22- 110
Gasolineand DieselFuel Supplyand DeliveryServices
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
9. PROPANE TANK INSTALLATION AND FUELING SPECIFICATIONS The Contractor shall recommend, design, supply and install a 420-gallon propane tank utilizing minimum square footage at the City's Corporate Yard (a site map of the City Corporate Yard has been provided as APPENDIX A). The propane fueling equipment must providedispensingpump(s) suitablefor usagein Cityvehiclesas wellas dispensermetering indicating gallons dispensed and net volume. In addition, the Contractor shall recommend or provide supplementary equipment best suited for the City's propane refueling needs.
Equipment furnished under this specification shall be the latest improved model in current productionas offeredto commercialtrade and shall be of the highestqualityworkmanship and material. The Contractor shall be responsible for all technical and professional services required to obtain and to maintain compliant on -site refueling operations including but not limited to permit applications, inspections, certifications, controls, protection and equipment.
Succeeding installation, the Contractor will ensure all equipment offered under this specification will remain in good working condition and shall be in compliance with federal, state, and local codes and regulations. The Contractor shall ensure the propane tank remains filled and operational at all times. The City will require delivery of liquid propane on an as - needed basis and in accordance with agreed -upon, pre -arranged or as requested in response to an emergency call.
In the event, the City of Santa Ana requires propane wet hose fueling, the Contractor shall service any of the fifteen ( 15) propane powered vehicles listed below:
VEHICLE It MAKE VEHICLE MODEL
1 NISSAN UGJ02 FORKLIFT
2 FORD F-550
3 NISSAN FORKLIFT CLSOLP
4 FORD F250 HD UTILITY
5 FORD F- 550
6 FORD F550 SO UTILITY
7 FORD F- 550 SD
8 FORD F- 550
9 FORD F-250
10 FORD VALVE TRK F-550
11 FORD VALVE TRK F-550
12 FORD VALVE TRK F-550
13 FORD F-550 SALT TRCK
14 FORD F- 550 ALT AT37G
15 FORD F-650 LATERAL
City of Santa Ana RFP 22-110
Gasoline and Diesel Fuel Supply and Delivery Services
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
Gl f7 ii7i ii I [ cl
The monthly and/or quarterly statements with specific date ranges as needed shall be furnishedas requestedby the City referencingfuelingdata by location (quantitiesdelivered and price). Report formats shall be available electronically and emailed to the Contract Administrator. The required format is an Excel spreadsheet.
D. CODE COMPLIANCE
All materialsand workmanshipshall be in strict conformitywith federal, state and local codes, requirements, standardsofthelatesteditions, andguidelinesincludingrevisionsofthefollowing:
California Air Resources Board ( CARB)
Reid Vapor Pressure ( RVP) Requirements under California Phase 2 Reformulated Gasoline ( CaRFG2) and Phase 3 Reformulated Gasoline ( CARFG3) American Society of Testing and Materials (ASTM) D4815 Standard or Latest Version Department of Transportation ( DOT)
South Coast Air Quality Management District ( SCAQMD)
Environmental Protection Agency ( EPA)
Occupational Safety and Health Administration ( OSHA)
E. PROJECT MANAGEMENT AND COORDINATION
When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designatedProjectManager, The Contractorshall not proceedwith any work withoutthe approval of the City' s designated Project Manager.
ContractorsshallinvoicetheCityona monthlybasisforallworkperformedduringtheperiodor provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied bya summaryoftasksperformed, contractagreementnumber, resultsandprogressonlong- term tasks if any.
F. VALUE ADDED RELATED SERVICES
The Contractormayproposeadditionalrelatedservicesthatthe Cityhasnot specifically identified in this RFP to accomplish the stated goals of this RFP such as fuel tank level management, fuelcards, tankrentals, etc. Valueaddedrelatedserviceswillbeconsideredby the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved.
City of Santa Ana RFP 22-110
Gasolineand DieselFuelSupply and DeliveryServices
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
G. MARKUP
The following markup percentages shall be added to the Contractor's costs and shall constitute the markupfor all overheadand profits (to the sumof the costsand markups, one (1) percent shall be added as compensation for bonding):
1) Labor................................................................................................ 20 2) Materials........................................................................................... 15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures.......................................................... 15 H. MINIMUM QUALIFICATIONS
The Contractor shall meet the following minimum qualifications:
1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration ( OSHA) safety requirements.
2. The Contractor shall have a minimum of five (5) years of experiencein providing gasoline and diesel fuel supply and delivery services.
3. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work.
4. Provide all necessary equipment to competently perform and complete work as specified.
I. SAFETY
Proposershallbesolelyandcompletelyresponsiblefor the conditionof the projectsite, including safetyof all personsand propertiesduringthe performanceofthework. Inaddition, propersafety equipment must be worn at all times. These requirementsshall apply continuously until the contract is terminated and shall not be limited to normal working hours.
The Contractor/ Consultant shall assure that each employee or subcontractor under the contractor' s supervision is trained in the work practices necessary to safely perform his or her job.
The Contractor's drivers/delivery crews shall be HAZMAT trained and certified in safety measures to prevent accidents endangering personnel and property. Hazardous Materials shall be clearly markedwith the proper shippingname and identificationnumberas requiredby the Department of Transportation. The Contractor shall provide current, applicable and required MaterialSafetyDataSheets (MSDS) at anytime duringthe contractas requestedby the Cityof Santa Ana.
City of Santa Ana RFP 22- 110
Gasoline and Diesel Fuel Supply and Delivery Services
CITY OF SANTA ANA
RFP NO.: 22- 110
GASOLINE AND DIESEL FUEL SUPPLY AND DELIVERY SERVICES
J. INSURANCE REQUIREMENTS
The successfulbiddersshallfurnishtheCitywithoriginalcopiesof validinsurancepoliciesherein required uponexecutionof the contractand shallmaintainsaid policiesin fullforce andeffectat all times during the term of this contract. Said insurancepoliciesshall complywith all requirementsset forth in these specifications. Contractor(s) shall keep a current certificateof insuranceat the City of SantaAna at all times and shallimmediatelyreportany changesto the City.
K. FEE SCHEDULE
Contractorshallsubmita feescheduleasdescribedinSectionIII.B.3 of RFP. Noseparately statedfreightordeliverieswillbeconsidered. Biddersshallincludeallcostsintheunitpricebid.
TheContractor'sdeliveredproductpricingshallbeinclusiveofallfreight/unload! ng/ handlingand delivery charged. Furthermore,
the Contractorshall submitadditionallabor, materialand rentalequipmentrates along with fee schedule. Contractor's laborand equipmentrate sheetshall list ratesfor all labordesignations, equipment, rentals, and materials. The bid itemsspecifiedin thefee scheduleare for referencepurposes only. Laborincreasesshall be subjectto mutuallyagreeableterms between the Cityandthe Contractor. The Citymayrequestrelatedservicesthat will be paidat the vendor's standardlabor and equipmentrate submitted. Fee proposalshall be outlinedas follows:
End
of SCOPEOF WORKSection --- City
of SantaAna RFP 22- 110Gasoline
and DieselFuel Supplyand DeliveryServicesPage
23 MAYOR
Vicente Sarmiento
MAYOR PRO TEM
Phil Bacerra
COUNCILMEMBERS
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
220 S. Daisy Ave.. P.O. Box 1988 — M85
Santa Ana, California 92702
714- 647- 3320
www. santa- ana. orn
September 29, 2022
ADDENDUM ONE
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Daisy Gomez
SUBJECT: RFP 22- 110 GASOLINE AND DIESEL SUPPLY AND DELIVERY SERVICES The following changes/ clarifications have been made to the bid of the subject project:
ITEM 1 — Q& A REPONSES
Attached responses for Q& A dated 9/ 29/ 22
ITEM 2 — NOTICE INVITING BIDS
Responses to this Request for Proposals ( RFP) will be accepted until Tuesday, October 4, 2022 at 4: 00 P.M.
MODIFY:
Responses to this Request for Proposals ( RFP) will be accepted until Friday, October 7, 2022 at 1: 00 P. M.
ITEM 3 — ATTACHMENT 2: FEE SCHEDULE
Fee schedule removed, replaced, and attached.
ITEM 4— MODIFIED BID ITEM
Bid Items # 61- 65 can be omitted from Fee Proposals and is an optional metric. The metric will not be evaluated in the grading process.
SANTA ANA CITY COUNCIL
Vicente Samlleam Ph,( Baaha Thai Viet Phan David Peneicea Jeanie Lapez JohnaNan Ryan Hernandez Notice Mendoan Mayor Mayor Pro Tam. Ward J Waal ' Nard2 WaN3 Went Wardd m12n dI0 5antd- ana DrO Ohace" aaounia- im.. 1O IDha tbaanmd as aN din ... .. PaanU- ina. DfO aIB OaeL( 11 san a- dna. em INMhemandeZ5aaala3m. eN ermoneatimaa- amnm ITEM 5 — SCOPE OF SERVICES: ORDERING PROCESS
On non -emergency calls, the Contractor shall deliver all fuel orders in full and within one ( 1) calendar day after confirmation of receipt of order.
MODIFY:
On non -emergencycalls, the Contractorshall deliverall fuel orders in full and within two ( 2) calendar day after confirmation of receipt of order.
ATTACHMENTS
Attached responses for Q& A dated 9/29/ 22 — 3 Pages
Attached revised fee schedule dated 9/ 29/ 22 — 2 Pages Total Pages for Addendum One ( including attachments) = 7 Pages ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED.
Cordially,
James Burk, P. E.
Senior Civil Engineer
CC: Reading File
SANTA ANA CITY COUNCIL
Vicente Barmlento Phil Baceni Thai Viet Phan Darla Penaloza Jebsre Lopez JohnaNan Ryan Hernami Nehtla Mendoza Mayor Mayor Pm Tem. Wand d WandI Wand2 WaN3 Wand5 Waml6 rs, m, ennBsan aom nCaceraarsanu- ana. om Mot dpiendenghtenta- anal, levielooezaemmet a.. oea mhemmdln b,; tmtaena. om nmendd, Rsaota- ani E
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94 Can
city
pl
dity
please
advise
if your
company
has
a office
within
the
city
of
Santa
Ana.
Does
that
qualify
the
vendor
for
the
local
preference
The
Water
Division
is
located
in
Santa
Ana
(220
SIS Daisy
Ave,
Santa
Ana
CA
92703)
discount.
95 Can
city
please
advise
who
is
currently
making
gas
and
all
grades
of
diesel
deliveries.
What
transport
company
currentiy
making
nan
city
pleass
deilvertes.
96 Can
the
city
please
confirm
we
need
to
submit
the
fee
scheduied,
in
addition
to
the
fee
proposal
on
page
24. 97
Can
the
city
please
give
a little
more
clarfication
on
the
requested
"fee
scheduled.
Please
advise
exactly
what
we
need
to
submit
on
this
A
rates
schredule
is an
hourly
rate;
if the
specifications
in
Se
schedule.
Hard
to
give
a
cost
on
equipment,
labor,
material,
if we
da
not
know
how
much
the
project
will
require.
Please
advise.
98 Can
city
please
advise
if
your
currently
billed
separate
lines
items
for
fuel
surcharge,
and
pump
charge
fees.
Besides
the
stop
in
transit
Please
refer
to
PlanetBids
for
RFP
17-108
Fuel
-Gasolin
soline
and
Diesel
https://pbsystem.planetbids.com/portal/20137/bo/bo-detail/41783 A
rates
schedule
and
a
fee
schedule
shall
be
permitted
d peper
Scope
of
Services
Section
K
Section
K
do
not
apply,
please
omit
The
City
is
not
billed
separate
line
items
for
fuel
surcsurcharge
and
pump
charge
fees
fee.
EXHIBIT C
Bid Results
Bidder Details
Vendor Name AAA Oil, Inc.
Address 11621 Westminster Ave.
Garden Grove, California 92843
United States
Respondee Jennifer Crawley
Respondee Title Marketing Manager - Contracts
Phone 714- 530- 4795
Email jcrawley@cafueling. com
Vendor Type CADIR, SSAB, SOCB, MBE
License #
11111MI,
Bid Format Electronic
Submitted 10/ 07/ 2022 10: 35 AM ( PST)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation# 306865
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
RFP22-110- Fee Proposal - AAA OIL INC.pdf RFP 22-110- Fee Proposal - AAA OIL INC.pdf Cost File RFP22-110- ProposalandCompletedForms - AAAOIL INC.pdf RFP22-110 - Proposaland CompletedForms -AAAOILINC.pdf ResponseFile General Attachment
BAFO
Line Items
Discount Terms No Discount
It.. N Item Code Type Item Description UOM DTY Unit Price Line Total Resp. nee Comment W Octane (Bulk Fuels FullTruck andTrull,, DeliverySize =2,0001 Gallop.) -( BASEPRICE= LOSANGELESCAOPISGR0SS10:00 AM ESTDAILYRACKAVERAGEWITHCAR.) 0. 0396) 1 OPI$ Plus Cal 1 0. 0000 13.0000 Yea
2 OZ Minue 8/ GeI 1 G. 0425) e. 0425) Yea
3 Dellvery Cal 1 0. 0227 0. 0227 You
4 Other ( Spooky) Gal 1 O.e00D 0. 0000 Yes
5 Applicable Discount($) Gal 1 0, 0000 0. 0000 Yes
6 Total OP15+ S/Oal 1 0. 0198) U0. 0190) You
87Dutane(SmallarTmIc L6.. ThsRFallTmak, Delivery$ ize 3,600- 6,999 Gallons) -(BA5EPRICE= LOSANGELESCAOPTSGROSSI0: ODAM EST DAILYRACKAVERADEWITHCAR+) O. e124) OPTS Plus Dal 1 0. 0000 0. 0000 Yes
8 Or Mich. SAW 1 0. 0425) SO.0425) Yes
9 Delivery 0. 1 1 0. 0363 0. 0363 You
10 Other ( Spotty) Gal 1 0, 0000 0. 9000 Yes
11 Applicable DlseoumH Gel 1 SOD00 0. 0000 Yea
12 Total OPTS. Gal 1 0. 0062) 3. 0062) Yes
Diesel - Type 2 Clear (Bulk FuelsFull TmakandTeller, 0elivery Size =], 000+General -( BASEPRICE • LOSANGELESCAOPTSOROSS10:00AM ESTDAILYRACKAVERAGEWITHCAR+) 0. 0136 13 CRIS Plus Gal 1 0, 0000 OAODO Yes
14 Or Minus Gal 1 0. 0199) 0. 0199) Yes
15 Delivery Gal 1 0. 0267 0. 0267 Yes
16 Orion ( Specify) Dal 1 0. 0000 O. 000D Yes
tT Applicable Discount(.) pal 1 0. 0000 0. 0000 Yes
18 Total OPTS+ last 1 0. 0058 0. 0069 Yes
Dleaul- Type2 Clear (SmaltasTank Lee. Than FullTuck, DeilvarySize= 3,500. 6,999 Gallons) -(BA5EPRICE= LOSANGELESCA ORISGROSSlater AM ESTDAILYRACKAVERAGEWITH CAR+)
SD. 0402
19 CRIS Plus Gal 1 0, 0000 0. 0000 Yea
20 Ur Minn. GeI 1 0. 0199) 0. 0199) Yes
21 Delivery Gel 1 0. 04DO 0. 04e0 Yes
22 Other ( Spotty) GeI 1 0. 0000 0. 0000 You
23 Applicable Discount( s) Dal 1 0. 0000 0. 0000 Yes
24 TMal Offer 8/ Gel 1 0. 0201 0. 0201 Yea
RenewableClearBull QRCD) - RD99-( Bulk FUN$ Full Tuck andTrallasrDeliverySize= 7,000. Gallons)- DeriveGameIndexfrom Diesel - Type2 Clear GUND) 25 OPIS Plus GeI 1 0. 0000 O. OD00 Yea
26 Or Minus 10. 1 1 50. 0787) 0.07M Yes
27 Dan.,, GeI 1 0. 0267 0. 0267 Yes
29 Other( Specify) Final 1 0. 0000 BOARDS You
29 Applicable Dlecount( s) Gal 1 00. 0000 0. 0009 Yes
30 Total OPTS+ Gal 1 0. 0520) 0. 0520) Yes
RenewableClearDiesel (RCD)- RD99-( SmallFuels FullTruck andTrell, Delivery31z0. 3,500- 6.999 Gallon.)- Derive sameIndex arcs Dieeel - Type2 Clear O. OTT4) 31 OPIS Plus aril 1 0. 0000 0. 0000 Yes
32 Applicable DI ... Rmt(a) Gal 1 O. e00D 0. 0000 Yes
33 Or Minus lost 1 00. 0797) 0. 0787) Yes
34 Other ( Specify) S/Gel 1 80. 0000 0. 0000 Yes
35 Cauvery Gel 1 SOA400 0. 0400 Yes
36 Total OPIS+ Gel 1 0. 0387) 0A387) Yes
Renewable Clear Diesel( RCD)- RD95 ( Bulk Feels FuRTucknnd Trelle0 Delivery Size. y, 00D+ Gallons) - Derive same Index from Diesel - Type 2 Clear 0. 0734 37 OPIS Plus Gal 1 0. 0100 0. 0100 you
a$ Delivery Gel 1 0, 0267 0. 0267 Yes
39 Other (Specify) oal 1 0. 0000 OaOODO Yes
40 Applicable Warount( a) Dal 1 0. 0000 0. 00DO Yes
41 Or Mlime Gal 1 0, 0000 0. 0000 Yes
42 TWO OPIS+ GeI 1 0. 0367 0. 0367 Yes
RenewableClearDiesel (ROD) AD95-( Small FuelsFullTruck andTrader, DeliverySize= 3,600. 6,999 Gallons) -Derivesome Indexfrom Diesel - Type 2 Clear 0. 1000 Item O Item Code Type Item Description UOM OTY Unit Price Line Total Response Comment 43 OPIS Flue IOM 1 D0100 0, 0100 Yea
44 Total OPIS. Gel 1 0, 0600 0, 0600 Yea
46 Applicable Discamt( s) Gel 1 DGOOD 0. 0000 Yes
46 miter ( Specify) vast 1 0.0000 0. 0000 Yes
47 Delivery JGel 1 0. 0400 0. 0400 Yea
48 Or Minus Cal 1 0. 0000 O. 000D Yea
RedDyedULSD#( SmallerTookLes. then FullTrack, DeliverySlxe: SOD -1.000 pellon¢)-( BASEPRICE. LOSANGELESCA OPTSGROSS10:DO AM EST DAILY RACK AVERAGE WITH OAR.)
1 6600
49 DOW ON. Cal 1 0. 6500 SOASOD yes
50 Tool OPIS. 10. 1 1 0. 0300 0. 8300 Yes
51 Applicable Discount(.) 0al 1 0. 0000 0, 0000 Yea
52 Other($ pealty) IGa1 1 0, 0000 OA000 Yes
53 Dellvmy Gal 1 0. 1900 0. 1800 Yes
64 Droplets Small 1 O.000o 0. 0000 You
RodDyedUL5082(SmallerTankLessthanFullTruck, DeliverySize: 1- 499Gallons)(BASEPRICE = LOSANGELESCAOPTSGROSS10:00AM 3.9000 EST DAILY RACK AVERAGE WITH OAR.)
55 OPIS Plus 1GM 1 1. 3000 1. 3000 Yee
56 Delivery GM 1 0. 6500 0. 6500 Yes
57 Other ( Specify) Gel 1 0. 0000 UOLOOOD yes
e Applicable Dleemad( s) Gel 1 0, 0000 0. 0000 Yes
59 Or Minus IGaI 1 0. 0000 0. 0000 Ye.
60 Total OPTS. IGaI 1 1A500 1. 9500, Yes
quid Prepare( Optimal - Will not beevaluated) 0. 0000
61 Propane Delivery lGM 1 0. 0000 DA000 Yee No BID
62 Wet Has. Delivery Vocal 1 0. 0000 0. 0000 Yes NO BID 63 Other ( Specify) local 1 D. 000O 0, 0000 You NO BID
64 Applicable DezoneRs) 0al 1 0. 0000 0. 0000 Yes NO BID 65 Dealm, Procurement 10 Mal. Ilathe. 0f 42DG.Ilon Ramses, Tank EA 1 o. 0000 0. 8000 you NO BID Miscellaneous 400. 0000
66 Retain Fee ( Flat fee should the quantity order" not fR Into the tank) IGaI 1 150. 0000 150. 0000 Yes FLAT FEE 67 Emergency Delivery( Weekend Delivery, Holiday Delivery, After H.. I DUMB.. Here. Get 1 25O. GOOO 250, 0000 Yes FLAT FEE Delivery)
Wet Hose Service ( Base Price • Los Angeles CA DPIS Oro.. 10: 00 AM EST Daily Raok Average With Car.) 3. 6989 68 Gasoline IGaI 1 1. 0676 1. 0675 You
69 ULSOA2 Clear 10. 1 1 0, 8401 0. 84D1 Ye.
Jo Renewable Clear Diced ( ROSE) IGaI 1 D. 900D 0. 9D00 Ye. 71 R. m.. ble Clear 01... I( ROSS) 10. 1 1 D] 913 O.7913 Yes Fuel Tender ( Reduced Rate) 0. 925D
72 2, 680. EA 1 0. 1000 0. 1000 Yes
BASE PRICE• LA OPIS GROSS I SAM EST DAILY
RACK AVG WITH CAR
73 1, 500- 2, 499 EA 1 0, 1250 0. 1260 Yes
BASE PRICE• LA OPIS GROSS I SAM EST DAILY
RACK AVG WITH CAR
79 1, 000 - 1, 499 FA 1 0. 2000 So. 2000 yes
BASE PRICE= LA OPIS GROSS 10AM EST DAILY
RACK AVG WITH CAR
TS 99- 999 EA 1 0. 6000 0. 5000 Yea
BASE PRICE= LA BPI$ GROSS I DAM EST DAILY
PACK AVG WITH CAR
Fuel Tender ( Standard Rate) 0. 9250
76 2, 500. EA 1 0. 1000 0. 1000 yes
DA$ EPRICE• LA OPIS OROS$ I DAM EST DAILY
RACK AVG WITH OAR
J] 1, 500 - 2, 499 EA 1 0. 1250 0, 1250 You
BASE PRICE• LA OPI$ OROSS 10AM EST DAILYAGE
78 1, 000 - 1, 499 EA 1 0. 2000 0. 2000 Yes
BASE PRICE= LA OPIS GROSS 10AN EST DAILY
RACKAVO WITH CAR
79 99- 999 EA 1 0. 5000 O. SD00 Yes
BASE PRICE. LA OPIS GROSS 10AM EST DAILY
RACKAVGWITH CAR Fuel
Tend at ( ExtendedRate) 0. 925080 $
580. EA 1 0. 1000O. ID00Yea BASE
PRICE- LA OPIS0ROSS LOAM EST DAHY RACKAVG
WITHCAR 31
1, SDO-2, 499FA 1 0, 12500. 1250Yes BASE
PRICE= LA OPISGR05S 10AM EST DAILY PACKAVOWITHCAR
02 1, 000- 1, 499
0 99- 999
Nei Traller ( Reduced RBN)
EA 1 $ 0. 200D $ 0. 2000 Yee
BASE PRICE. LA OPTS OROS$ LOAM EST DAILY
RACK AVC WITH CAR
EA 1 $ 0. 50p0 $ p, 5000 Yes
BASE PRICE. LA OPIS OROS$ 1 DAM EST DAILY
RACKAVC WITHCAR
54D. 0000
Rem# Item Code
04 85
86 Nei Trailer ( Standard Rate)
89 80
89 Pnel Tmller ( Warded Rate)
90 91
92 Type It.. DesOrlptlon
2, 5001
1, 500 - 2, 499
Lees than 1, 000
2, 500.
1, 500 - 2, 499
Lees than 1, 000
2, 5004
1, 500- 2, 499
Less than 1, 000
UOM CITY Unit Price LIm T9tel Response Comment
EA 1 180. 0000 100. 0000 Yes PERHOUR
EA 1 100A000 180, 0000 Yes PER HOUR
EA 1 180. 0000 M00000 Yes PER HOUR
660. 0000
EA 1 220. 0000 2204000 Yes PER HOUR
EA 1 220+ 0000 220. 0000 Yes PER HOUR
EA 1 220. 0000 220. 0000 Yee PER HOUR
810. 0000
EA 1 270. 0000 270. 0000 Yee PERHOUR
EA 1 270, 0000 270. 0000 Yes PERHOUR
u 1 270. 0000 270. 0000 Yee PER HOUR
Line Item Subtotals
Section Title Line Total
87 Octane (Bulk FuelsFullTruck andTrailer, DeliverySim = 7,000+ Gallons) -(BASEPRICE= LOSANGELESCA OPISGROSS10:00 AM ESTDAILYRACKAVERAGEWITH CAR.)
p_ p396)
87 Octane (Smaller TankLessThanFull Truck, DeliverySize = 3,500 - 6,999 Gallons) - (BASEPRICE = LOSANGELESCAOPTSGROSS10:00 AM ESTDAILYRACKAVERAGE WITH CAR+) 0. 0124)
Diesel - Type 2 Clear ( Bulk Fuels Full Truck and Trailer, Delivery Sim = 7, 000+ Gallons) -( BASE PRICE= LOS ANGELES CA OPIS GROSS 10: 00 AM EST DAILY RACK AVERAGE WITH CAR+) p_ 0136
Diesel - Type2 Clear (SmallerTank LessThanFull Truck, DeliverySim = 3,500- 6,999 Gallons) - (BASEPRICE =LOSANGELESCAOPISGROSS10:00 AM ESTDAILYRACK
AVERAGE WITH CAR-)
0. 0402
Renewable Clear Diesel( RCD) - RD 99-( Bulk Fuels Full Truck and Trailer, Delivery Size = 7, 000+ Gallons) - Derive same Index from Diesel - Type 2 Clear 0. 1040) RenewableClearDiesel(RCD) -RD99-( Small FuelsFullTruck and Trailer, DeliverySize = 3,500 - 6,999 Gallons)- Derivesame index from Diesel - Type 2 Clear 0. 0774) Renewable Clear Diesel( RCD) - RD 95-( Bulk Fuels Full Truck and Trailer Delivery Sim = 7, 000+ Gallons) - Derive same index from Diesel - Type 2 Use 0. 0734 RenewableClearDiesel( RCO) -RD95-( Small FuelsFullTruck andTrailer, DeliverySize =3,500. 6,999 Gallons)- Derivesome index from Diesel - Type 2 Clear 0. 1000 RedDyedULSD #2 (Smaller TankLessthan FullTruck, DeliverySize: 500 - 1,000 gallons) - (BASEPRICE =LOSANGELESCA OPISGROSS10:00 AM ESTDAILYRACK AVERAGE WITH CAR+)
1. 6600
RedDyedULSD #2 (SmallerTank Lessthan FullTruck, DeliverySize: t- 499 gallons) - - (BASEPRICE= LOSANGELESCAOPISGROSS10:00 AM ESTDAILYRACKAVERAGE
WITH CAR-)
3. 9000
Liquid Propane ( Optional - Will not be evaluated) 0. 0000 Miscellaneous s4Do. D0Do
Wet Hose Service ( Base Price = Los Angeles CA OPTS Grass 10: 00 AM EST Daily Rack Average With Car+) 53. 5989 Fuel Tender ( Reduced Rate) 0. 9250
Fuel Tender ( Standard Rate) 0. 9250
Fuel Tender ( Extended Rate) 0. 9250
Fuel Trailer ( Reduced Rate) 540. 0000
Fuel Trailer ( Standard Rate) 660. 0000
Fuel Trailer ( Extended Rate) 81 D. 0000
Grand Total $ 2, 421. 9277