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HomeMy WebLinkAboutItem 2c - Purchase Order with Falcon Fuels Inc.V~ � GPLIFOR�,�q`Y�1I' m�o�po.a3ea August i, 1903 Co�nnity ot�oQ�� STAFF REPORT Public Works Services Department DATE: August 5, 2014 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director Dave McVey, General Services Superintendent By: Maria Lourdes A. Taylor, Senior Management Analyst SUBJECT: PURCHASE ORDER WITH FALCON FUELS INC. FOR THE PURCHASE AND DELIVERY OF FUEL FOR THE CITY'S FLEET IN AN AMOUNT NOT TO EXCEED $443,300 Recommendation: Approve SUMMARY In order to take advantage of bulk fuel pricing, the City presently has a purchase order with iiFuels Inc. through the City of Huntington Beach's cooperative purchase agreement (also known as "piggybacking ") for the purchase and delivery of fuel for the City's fleet vehicles. This purchase order will expire in September 2014. After exploring possible contract opportunities for fleet fuel, it was determined that the Tri- Cities fuel pricing bid with the cities of Pasadena /Glendale /Burbank with Falcon Fuels, Inc. would be the lowest cost and meet the City's fleet fuel delivery needs. Therefore, it is recommended that the City Council approve a purchase order with Falcon Fuels, Inc. for the purchase and delivery of unleaded and diesel fuel in an annual amount not to exceed $443,300. BACKGROUND The Public Works Services Department is responsible for the purchase of bulk fuel delivery (unleaded and diesel) for approximately 200 City vehicles. Annually, the City uses approximately 95,000 gallons of unleaded fuel and 25,000 gallons of diesel fuel. The City's Purchasing Rules and Regulations allow for the cooperative use of another agency's bid known as "piggybacking ". Since 2011, the City has piggybacked on the City of Huntington Beach's fuel pricing contract. This contract will expire on September 30, 2014. Purchase Order for City Fleet Fuel August 5, 2014 Page 2 of 3 DISCUSSION Due to the fluctuation in fuel costs, and the amount of fuel the City of Arcadia purchases on an annual basis, it would be in the best interest of the City to piggyback on a contract with other cities to receive a discount on bulk fuel pricing. Staff reviewed the fuel pricing agreements from several cities in order to find a contract that would meet the City's delivery needs and to get the lowest cost in fuel. It was determined that the fuel pricing bid with the Cities of Pasadena /Burbank/Glendale with Falcon Fuels, Inc. would be beneficial to the City. The Tri- Cities bid of Pasadena /Burbank/Glendale will allow the City the benefit from lower pricing only available through a large volume contract, as there is a significantly greater fuel volume to leverage the market The mechanism used to price motor fuel is the Oil Price Information Services ( "OPIS ") rack index pricing, an industry standard for reporting national average fuel prices on a per gallon basis. The Tri- Cities fuel pricing bid terms have established a fixed - mark -up or differential cost that is linked to the OPIS, which rises and falls as a function of the oil market. The differential cost is based on volume, load size, and delivery location. Applicable taxes and fees are then added. Historically, the City purchases an average of 120,000 gallons of fuel per year (95,000 gallons in unleaded and 25,000 gallons in diesel) for its eight fuel tanks located at Fire Stations 105, 106, 107, the Police Facility, and the Public Works Services Department. For this Fiscal Year, the City is expecting to use a similar volume of fuel for City vehicles. The Tri- Cities fuel pricing agreement with Falcon Fuels, Inc. was originally awarded in August 2012 for a one year period, with optional annual extensions through August 2016. It was found that the Cities of Pasadena, Burbank and Glendale were satisfied with the level of service that Falcon Fuels, Inc. have been providing. Upon discussions with Falcon Fuels, City staff has determined that Falcon Fuels, Inc. can satisfactorily meet the City's Fleet fueling needs. As a pricing comparison, presently local gas stations, charge an average of about $4.05 per gallon (Unleaded and Diesel) versus an average of $3.69 per gallon from Falcon Fuels, Inc. FISCAL IMPACT Sufficient funds are appropriated in each Department's Fiscal Year 2014 -15 Operating Budget for the purchase and delivery of unleaded and diesel fuel. Purchase Order for City Fleet Fuel August 5, 2014 Page 3 of 3 RECOMMENDATION It is recommended that the City Council approve a purchase order with Falcon Fuels, Inc. for the purchase and delivery of fuel for the City's fleet in an annual amount not to exceed $443,300, with optional annual extensions through August 31, 2016. Approved. Dominic Lazzar City Manager Attachment: Tri- Cities (Pasadena /Burbank /Glendale) Fuel Pricing Bid V Ml „_�. CITY OF BURBANK 275 EAST OLIVE AVENUE, F -O.BOX 6459, BURBANK, CALIFORMA 91510 -6459 tivww.ci.burbank.ca.us July 25, 2012 Robert L Phair Jr., President Falcon Fuels Inc., 7300 Alondra Blvd., Suite 204 Paramount CA 90723 RE: RFQ 2011 -109 (PA 1887) -- Unleaded and Diesel Fuel We are pleased to inform you that your company has been selected to provide the services described above for the City of Burbank. Before a purchase order can be issued or authorization given to commence work, the following documents must be properly executed and returned to the PURCHASING DIVISION. Note: Requested documents are for the City of Burbank only. 1. CERTIFICATE OF INSURANCE: A. General Liability: in the amount of $1,000,000.00 with an additional insured endorsement (enclosed) for the General Liability, naming the City of Burbank. B. Automobile Liability including Hazardous Materials: a. $1,000,000 for NON -BULK TRANSERS by licensed Hazardous Waste Transporters is acceptable if double bagged primary container is less than 100 liquid gallons. b. $5,000,000 for BULK TRANSFERS AND ALL OTHER TRANSFERS. In addition to the Certificate of Insurance, a separate additional insured endorsement is required for each hazardous material policy (enclosed). C. Workers' Compensation Insurance: showing the City of Burbank as the certificate holder, 2. BUSINESS TAX REGISTRATION A valid City of Burbank Business Tax Registration may be required. For further information on how to apply please call the City of Burbank License and Code Division at (818) 238 -5220. 3. Vendor Registration Form A City of Burbank Vendor Registration Form (enclosed). All documents must be completed and returned in fifteen (15) consecutive days. After receipt and approval by the City Attorney, a purchase order will be issued. If you have any questions, call Nancy Minassian at (818) 238 -5466. Respectfully, Paul merman Purchasing Manager PH:nm Enclosures Cc: Carol Chavez — Falcon Fuels Inc. FINANCIAL SERVICES DEPARTMENT Administration / Accounting I Audit / Budget a Accounts Payable Payroll 4 Purchasing Revenue (818)238 -5500 (818) 238 -5495 (818)238 -5491 (818)238 -5466 (818)238 -5482 PRICE AGREEMENT NO. 1897 (QUOTE NO. 2013 -109 DUE DATE: 6!812012 PAGE 1 OF 29 PRICE AGREEMENT 1897 UNLEADED AND DIESEL FUEL NOTICE INVITING BIDS Regarding This Solicitation: Bids are being solicited electronically and must be submitted electronically through the PlanetBids E- Procurement system to furnish and deliver unleaded and diesel fuel to the cities of Burbank, Glendale and Pasadena. The successful bidder will deliver fuel, as specified, to the site locations identified in this solicitation for a period of one (1) year. Bidders are being asked to offer options for (up to) an additional three (3) years. The three cities will issue separate purchase orders to the successful bidder(s) based on this solicitation. A mandatory Pre -Bid Conference will be held on Wednesday 5116112 @ 9 :00 a.m. at the A.S.B. Building of the City of Burbank, 3rd Floor Purchasing Office, located at 301 E. Olive Ave., Burbank, Ca. 91510 with the Purchasing Managers of the cities of Burbank, Glendale and Pasadena. Failure to attend this Pre -Bid meeting will be cause for disqualification. The City of Burbank is taking the lead on this solicitation and all technical questions must be directed in writing to the City of Burbank Purchasing Division by sending a Fax to (818) 238- 5457. Non technical questions may be directed to the Purchasing Division at (818) 238 - 5466. Bid Due Date: Bid Due Time: Bids must be valid for: Deadline for Questions: Wednesday 616112 4:00 p.m. 90 Days Tuesday 5129112 PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE. 616/2012 PAGE 2 OF 29 TABLE OF CONTENTS 1) Notice Inviting Bids Page 1 2) Part I: General Conditions A) Section A. Pertaining to all three Cities Page 3 B) Section B: Specific for Cities of Burbank & Pasadena Page 9 C) Section C: Specific for City of Glendale Page 13 3) Part II: Bidder's Proposal A) Section A: Bidder's Proposal Sheet Page 16 B) Section B: Bidder's Statement of Experience Page 20 4) Part III: Specification F2012 Page 21 5) Bidder's Checklist Page 22 Attachments: 1) Appendix A. Estimated Annual Usage Page 23 2) Appendix B. Tank Locations, Tank Sizes & Hours of Operation (by City) Page 24 3) Appendix C: Cal Osha Injury and Illness Prevention Program (IIPP) Page 28 Vendor /Contractor Certification Form PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 6/612412 PAGE 3 OF 29 PART I GENERAL CONDITIONS Section A. General Requirements Pertaining to All Three Cities 1. SCOPE To furnish the Cities of Burbank, Glendale and Pasadena (hereafter referred to as Cities) with Unleaded and Diesel Fuel at various locations throughout the Cities per the attached specifications F2012 and Appendix A and B. 2. PRICE AGREEMENT A Price Agreement will be awarded to the successful bidder and will be used as the basis for Purchase Order contracts that will be issued from each of the three Cities. 3. TERM OF CONTRACT The Purchase Order Contract from each of the Cities will be for one (1) year from Purchase Order(s) issuance, which will begin after all documents have been received and approved by the Cities. The Cities may desire the option of renewing the Contract on a year by year basis for a maximum of three (3) years. This Contract may be renewed yearly pending appropriation of expenditures in the Cities' budgets and approval by the Cities' Councils of the annual budget. 4. QUANTITIES The quantities of total gallons purchased cannot be guaranteed. The Cities' quantities provided in Appendix "A" are estimates. The Cities may purchase an amount above or below the estimated quantities provided according to the requirements and needs of the Cities. There is no guarantee that these quantities will be met or they will not be exceeded. 5. PRICES Vendors are being asked to submit pricing for both Unleaded and Ultra Low Sulfur Diesel Fuels using the average rack/terminal price in the column entitled "Los Angeles ", PADD 4/5 Report, PADD 5, Los Angeles CARFG Average Rack, in the Thursday Edition of the Oil Price Information Service published by the United Publication Group. Unit prices quoted shall exclude miscellaneous fees and taxes and shall include shall include delivery charges. OPIS data shall be subject to fluctuations, however, any discount or mark up quoted for unit pricing shall be fixed for the duration of the contract and for additional option years, if options are exercised. The Cities shall be entitled to one -hour "standing time" at no charge for the purposes of unloading. If Vendor is unable to begin unloading fuel within one hour after the scheduled arrival at a City site due to delays caused by City operations, Vendor may assess demurrage charges. Demurrage charges shall apply in increments of one - quarter (114) hour. These charges must be indicated on the Bidder Proposal Sheet. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 6/512012 PAGE 4 OF 29 6. VENDOR RESPONSIBILITY Vendor shall be held liable for any damage or criminal /civil citations which may occur as a result of any spills and/or accidents at the delivery location or in transit. In addition, the Cities reserve the right to cancel the contract of any vendor or carrier who, notwithstanding compliance with the procedures set forth herein, delivers in a negligent manner or who, under any circumstances, causes a spill while delivering. 7. INVOICES Each invoice must clearly reference the City of delivery, the delivery location and the City purchase order to be billed, It is understood that partial invoicing is acceptable; however, all invoices shall indicate the OPIS average price for the day of delivery and also the price being charged. All taxes, fees and deliveries are to be listed as a separate line item on the invoices. Invoices must be sent to the individual cities as per the terms of the individual contracts awarded. 8. CONTRACT AWARD The three Cities will select one vendor to supply both unleaded and diesel fuels to the Cities. A Letter of Intent will be issued to recognize the award. Each City will issue its own Price Agreement for a total estimated dollar "not to exceed" amount, to cover the anticipated annual usage for their respective City_ The Cities reserve the right to cancel or reject all bids if it is in the best interest of the Cities to do so. 10. FORM OF BIDDER'S PROPOSAL AND SIGNATURES This bid is being issued electronically and only electronic responses received via the PlanetBids e- procurement system will be accepted. Vendor must complete the required documents signed by authorized personnel, using only the forms provided and upload them when submitting their bid. Failure to use the forms included in this solicitation or to upload the required documents when submitting your bid electronically using the PlanetBids e- procurement system, will disqualify the bidder, Bids submitted in person, by U.S. Mail, by e-mail or any other means, will not be accepted. The Bidder shall state in figures the unit prices. Vendors must bid on both of the fuels. The Cities will award the contract to the vendor offering the lowest possible cost to the Cities. 11. PREPARATION OF BIDDER'S PROPOSAL A. All blank spaces in the proposal shall be properly completed. The text of the proposal must not be changed, and no additions shall be made to the terms contained therein. B. A Bidder may withdraw a proposal electronically in the PlanetBids e- procurement system, before the hour fixed for the solicitation to close. No proposal may be withdrawn after the hour fixed for opening bids without approval by the Cities. C. To withdraw your electronic bid, follow the same procedure you would as if you were submitting your electronic bid the first time; when your bid appears select "Withdraw" and then "OK ". D. The Bidder shall state in figures the unit prices. If the unit prices and the extended total amount stated by the bidder for any items are not in agreement, then the PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 616/2012 PAGE 5 OF 29 unit price .alone will be considered as representing the bidder's intention, and the base bid will be corrected to conform thereto. E. The bidder must state "NO BID" on items that they are not offering in their proposal. F. To submit an alternate proposal, the vendor must first submit a proposal as requested or the alternate may not be considered. 12. INTERPRETATION OF PRICE AGREEMENT DOCUMENTS If a prospective Bidder is in doubt as to the true meaning or intent of any part of these Documents, they may submit to the City of Burbank Purchasing Manager a written request for an interpretation or a correction thereof. Interpretations or corrections of the Documents shall be made only by addendum duly issued by the City of Burbank Purchasing Manager, and a copy of such addendum will be issued through Planet Bids. The Cities are not responsible for oral interpretation or instructions, all changes will be in writing_ Such addendum shall be considered a part of, and incorporated in the Price Agreement Documents. 13. LOWEST RESPONSIBLE BIDDER & CONTRACT AWARD In selecting the lowest responsible Bidder, consideration will be given not only to the price but also those matters contained in Burbank Municipal Code 2 -2 -122, which states the following; A) The quality of the product offered B) The ability, capacity and skill of the bidder to perform the contract and provide the service and product required C) Whether the bidder can perform the contract and provide the service and product within the time specified and without delay or interference D) The sufficiency of the bidder's financial resources and the effect thereof on his /her ability to perform the contract or provide the supplies or services E) The character, integrity, reputation , judgment, experience and efficiency of the bidder F) The quality of the bidder's performance on previous orders or contracts with the cities G) Litigation involving the bidder on previous orders or contracts with the cities H) The previous and existing compliance by the bidder with laws and ordinances relating to the subject purchase or contract 1) The ability of the bidder to provide future maintenance and service if desirable J) Payment of local sales or use taxes that will accrue to the Cities K) The bidder's acceptance or rejection of the Cities request to split the bid between two (2) or more bidders To receive favorable consideration, Bidder will be required to present evidence that the Bidder has successfully performed similar work of comparable magnitude and complexity. 14. RESERVATIONS The Cities reserve the right to reject any and all bids, or any item or items of the bid, and to waive any informalities or technical defects as the interests of the City may require. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 61612012 PAGE 6 OF 29 15. ERRORS AND OMISSIONS The Vendor will not be allowed to take advantage of any error or omission in the Specifications, It shall be the Vendor's obligation, upon discovering any error or omission, to promptly call it to the attention of the Cities Inspector or engineer (hereafter referred to as Cities representative) who shall issue written instructions regarding such error or omission. If the Vendor fails to inform the Cities representative of any error or omission that was found, the work shall be corrected upon order of the City of Burbank representative at the Vendor's sole expense. 16. ADDENDA Any addenda issued by the City during the time of bidding shall be covered in the bid and shall be made a part of the contract. 17. LATE BIDS Any bids received after the scheduled time of opening will be clocked in and returned unopened to the bidder. 18. FOB POINT It is understood that the bidder agrees to deliver FOB Destination, with no freight charges to the Cities. All costs for packing, delivery, drayage, postage, freight, express, or for any other purpose are to be borne by the bidder. 19. TAX No bid shall include federal excise tax, inasmuch as the Cities are exempt and will furnish exemption certificates upon request. Bids shall not include state sales or use tax. The Cities will pay applicable state sales or use taxes. 20. INSPECTION Product furnished shall be subject to the inspection of the Cities, and unsuitable product may be rejected. Defective product shall be made good by the vendor in a manner satisfactory to the Cities. 21. TIMELY DELIVERY Time is of the essence, and the purchase orders issued shall be subject to termination for failure to deliver on time. The acceptance by the Cities of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the vendor. 22. PERSONAL LIABILITY No member of the City Councils of each of the cities or other officers, employees, or agents of the cities, or their consultants shall be personalty responsible for any liability arising under or by virtue of the Contract. 23. TERMINATION FOR CONVENIENCE This agreement shall be subject to termination by either the Cities or the Vendor, with or without cause, at any time after giving thirty (30) days' written notice. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011-109 DUE DATE: 61612012 PAGE 7 OF 29 24. TERMINATION FOR DEFAULT The Cities may, by written notice of default to the Vendor, terminate any resulting order in whole or in part should the Vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the Cities reserve the right to purchase or obtain the supplies or services elsewhere, and the defaulting Vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the Cities. The prevailing market price shall be considered the fair repurchase price. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Vendor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of the Cities provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 25. FISCAL YEAR Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available by the Cities for such performance. 26. RENEWAL OF AGREEMENT The Cities desire the option of extending this agreement on a year by year basis. If such option is exercised, the terms, and conditions quoted herein are to remain firm for the extended period of the agreement. Pricing will be adjusted as stated in Paragraph 5 AGREEMENT OR EXCEPTION TO THIS OPTION MUST BE SPECIFIED ON THE BIDDER'S PROPOSAL. 27. EXTENSION OF CONTRACT TO OTHER LOCAL PUBLIC AGENCIES The prices, terms and conditions of this bid may be extended to other governmental agencies at the mutual agreement of both the agency and the bidding Vendor. All requirements of the specifications, purchase orders, invoices and payments with other agencies would be handled directly with the successful bidder. The Cities do not warrant any additional use of the contract by such agencies. The Bidder's response as requested on the Bidder's Proposal will in no way affect the Cities consideration of this bid. Exception to this must be clearly noted on the Bidder's Proposal. 28. PROTEST PROCEDURE (BMC Section 2 -2 -128) (a) Upon written request by any bidder who has submitted a bid for supplies, materials, equipment and services, a notice of the proposed award shall be sent to the Bidder and posted in the Purchasing Office at least 24 hours prior to awarding the contract or purchase order. (b) Prior to making the award, any responsive Bidder who has submitted a bid may file a "Notice of Intent" to file a protest with the Purchasing Manager. Within three (3) working days after the filing of the notice of intent, the Bidder shall file a written protest stating specific reasons for the protest. (c) The Purchasing Manager shall review the request and provide the protester with a PRICE AGREEMENT NO. 1897 QUOTE NO, 2011 -108 DUE DATE: 6/6/2012 PAGE 8 OF 29 written reply regarding the protest within three (3) working days before the final award. (d) Any appeal of the Purchasing Manager's decision shall be made to the City Manager or their designee prior to the final award. The City Manager's decision shall be binding and final. (e) In circumstances of urgent need and when it is in the best interest of the City to do so, the City Manager may dispense with the protest procedure provided for in sub- section (d) of this section and make the award. (f) Any bid protest that does not comply with the process provided for in this section shall not be reviewed. 29. MISCELLANEOUS A. SeverabillitY. If any part, term, or provision of the Contract Documents shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over the Contract Documents, the validity of the remaining portions or provisions shall not be affected by such holding. B_ _Governing Law. The terms of the Contract Documents shall be interpreted according to the laws of the State of California. Should litigation occur, the venue shall be in the Superior Court of Los Angeles County. 30. BUSINESS TAX REGISTRATION Successful bidder and all tiered subcontractors will be required to have a valid Business Tax Registration on file for each of the Cities. 31. VENDOR/ CONTRACTOR CERTIFICATION Injury and Illness Prevention Program form. THIS FORM MUST BE SUBMITTED WITH YOUR FORM OR YOUR BID WILL BE DISQUALIFIED. See Appendix "C ". PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 6/6/2012 PAGE 9OF29 Section B: Pertaining to the Cities of Burbank and Pasadena Only INSURANCE The Contractor shall assume all liability for injuries to persons or damages to property during the performance of the Contract caused by any equipment or materials furnished or work done under the Contract or the operation thereof until completion and acceptance of the work by the City, and shall, at his own expense, furnish and maintain Worker's Compensation Insurance, Automobile Liability, Public Liability, and Property Damage insurance as herein provided, whether performance be by the Contractor, his Subcontractors, or anyone directly or indirectly employed by him, and such insurance shall be obtained from an insurance company authorized to do business in the State of California with at least an A- rating and found to be acceptable to the City of Burbank. Said insurance shall provide that it will not be modified, canceled or terminated until at least thirty (30) days' prior written notice thereof has been filed with the Purchasing Division, Before a purchase order is issued or delivering any equipment, materials, or the performance of any work by the Contractor, Subcontractors or any agent, servant, employee or representative of any of them, at the jobsite under the Contract, the Contractor must file with the Purchasing Division a policy or an acceptable Certificate of Insurance subject to approval of the City Attorney, indicating the requisite is in full force and effect, A. Worker's Compensation Insurance. The Contractor shall furnish satisfactory evidence that he has secured in the manner required by law the payment of Worker's Compensation provided for in the California Labor Code and all amendments thereto and shall maintain such insurance during the life of this Contract; The Contractor shall require each and every Subcontractor to secure similar Worker's Compensation Insurance unless already covered by the Contractor. (DO NOT provide an additional insured endorsement.) B. Public Liability and Property Damage. During the life of this Contract, the Contractor shall secure, pay for and maintain Public Liability and Property Damage Insurance protecting the Contractor from any and all claims and actions for damage, for personal injury, including accidental death and for property damage which may directly or indirectly arise from, grow out of, or be attributable to, his operations or performance under this Contract, whether such operations by the Contractor or by a Subcontractor, or by any person directly or indirectly employed by either or any of them, and said insurance shall indemnify and save harmless the City, its officers, employees, agents and representatives from all actions, causes of action, claims, debts or demands of any and every kind or nature whatsoever, by reason of, growing of, out of, or attributable to the work to be performed under said Contract, and the amount of such insurance shall be in an amount of not less than One Million Dollars ($1,000,000) combined single limit for injuries, including accidental death and property damage on account of any one occurrence. The following ENDORSEMENTS are required to be placed on a Separate Endorsement to the policy furnished. 1) The City of Burbank, 275 East Olive Avenue, Burbank, CA 91502, its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -108 DUE DATE; 6/6/2012 PAGE 10 OF 29 additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4) With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Burbank, Purchasing Division, 301 E. Olive Ave., Burbank, CA 91502. If the vendor's insurance company will not use the City's Separate Endorsement Form it may submit standard endorsement forms for review and approval by the Burbank City Attorney's Office. The City requires coverage for both "ongoing operations" and "products - completed operations hazard_" In order to satisfy the requirement, the vendor's insurance company shall submit both a CG 20 14 and CG 20 37 endorsement or similar forms acceptable to the City Attorney's Office. C. Hazardous Materials. The successful bidder, whether it is the prime contractor or subcontractor, must meet these insurance requirements, in addition to those listed above: 1) Public Liability and-Property Damage: The inclusion of this coverage must be noted on the insurance certificate. 2) Automobile Insurance. Automobile Liability Insurance in the following amounts combined single limit for bodily injuries and property damage, including all owned, hired and non -owned vehicles. a. 1,000,000 for NON -BULK TRANSFERS by licensed Hazardous Waste Transporters is acceptable if double bagged primary, container is less than 100 liquid gallons. b. $5,000,000 for BULK TRANSFERS AND ALL OTHER TRANSFERS THAT DO NOT MET THE REQUIREMENTS OF SECTION A ABOVE. In addition to the Certificate of Insurance, a separate additional insured endorsement is required for each hazardous material policy. The separate endorsement must be in a form acceptable to the City Attorney's Office_ Note: If the Subcontractor is performing the transportation work, they must submit the same insurance as the successful bidder and also name the City, as well as the successful bidder as Additional Insureds. The following ENDORSEMENTS are required to be placed on a Separate Endorsement to the hazardous material policy furnished: 1) The City of Burbank, 275 East Olive Avenue, Burbank, CA 91502, its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 6/6/2012 PAGE 11 OF 29 2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4) The coverage provided by this policy shall include sudden and accidental pollution caused by dumping, discharge, or escape of irritants, pollutants, or contaminants. 5) With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Burbank, Purchasing Division, 301 E. Olive Ave., Burbank, CA 91502. D. Damage and Theft. The Contractor may insure the equipment, materials and work to cover Contractor's interest in the same from time to time, as required. The City will not, under any circumstances, be liable, answerable or accountable for any theft, loss or damage, however and by whatever cause, to said equipment, materials and work, or any part or parts thereof, used or employed in fully completing the Contract, until after the contract is completed and formal acceptance of the work by the City. E. Blanket Insurance Policies. Blanket insurance policies complying with the above requirements carried by the Contractor, or acceptable and approved certificates thereof, may be substituted for specific policies upon approval by the City Attorney. Note: The City of Pasadena's insurance requirements are the same as those of the City of Burbank. The City of Pasadena must be listed as an insured on their insurance documentation. Submit documents for Pasadena to City of Pasadena Office of the City Attorney Liability Claims 100 North Garfield Avenue P.O. Box 7115 Pasadena, Ca. 911097215 PRICE AGREEMENT NO. 1897 QUOTE NO. 2411 -149 DUE DATE: 616/2812 PAGE 12 OF 29 2. INDEMNITY The City, its officers, employees and/or agents shall not be answerable or accountable in any manner for any toss or damage that may occur to the work or any part thereof, or for any of the materials or other things used or employed in performing the work or for injury or damage to any person or persons, either workmen, employees of the Contractor or its Subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of, or in connection with, the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of, or in connection with, the performance of the work, except for sole negligence or willful misconduct of City, or of its agents, servants, or independent contractors. The Contractor will indemnify the City, its officers, employees and agents against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of the Contractor, its agents, employees, Subcontractors, or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents, or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its Council, agents, servants or independent Contractors who are directly responsible to the City) and in connection therewith: A. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. B. The Contractor will promptly pay any judgment rendered against the Contractor or the City, its officers, employees and agents covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder; and the Contractor agrees to save and hold the City, its officers, employees and agents harmless therefrom. C. In the event the City is made a part of any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to the City any and all costs and expenses incurred by the City in such action or proceeding together with the reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such actions or claims for damages as aforesaid. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 5/612012 PAGE 13 OF 29 Section C: Requirements Pertaining to City of Glendale Only PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE (a) CONTRACTOR shall assume all responsibility and liability for damages to property and injuries to persons, including accidental death, which may arise out of or may be caused by CONTRACTOR'S performance of this Agreement, by its subcontractors or by anyone CONTRACTOR directly or indirectly employed, and whether such damage or injury may accrue, or may be discovered, before or after termination of this Agreement. (b) At its own expense, CONTRACTOR shall obtain, pay for and maintain during the life of the Agreement an "occurrence" policy for Commercial General Liability (including Contractual Liability) and for Automobile Liability which shall protect it and CITY from claims for injuries and damages. The policy shall add the City of Glendale, its officers, agents and employees as additional insureds under the policy in the following amounts: (1) COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than Two Millions Dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to anyone person; property damage insurance in an amount not less than Two Millions Dollars ($2,000,000), and subject to the above limits and combined single limit of insurance in an amount not less than Two Millions Dollars ($2,000,000); and (2) AUTOMOBILE LIABILITY INSURANCE endorsed for all vehicles (whether rented, leased, hired, scheduled, owned or non - owned), in an amount not less than Two Millions Dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to anyone person; property damage insurance in an amount not less than Two Millions Dollars ($2,000,000); and subject to the above limits and combined single limit of insurance in an amount not less than Two Millions Dollars ($2,000,000)_ (3) CONTRACTORS POLLUTION LIABILITY INSURANCE (CPL) 1. Contractors Pollution liability insurance shall provide coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed "by or on behalf' of the insured. 1 The policy limit shall provide coverage of no less than two million dollars ($2,000,000) per claim and in the aggregate_ Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 616!2012 PAGE 14 OF 29 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as "covered operations." In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. 4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. (c) At all times, the insurance company issuing the policy shall be an "admitted" insurer in the State of California or an eligible surplus line insurer registered with the California Department of Insurance: shall be domiciled within, and organized under the laws of, a state of the United States; and shall carry an A.M. Best & Company minimum rating of "A:VII. " (d) All policies shall contain a "Separation of Insured" clause and a "Primary Coverage" clause for any loss arising out of or caused by CONTRACTOR'S performance of the Agreement. In addition, the policies shall contain a statement of obligation on the insurance carrier's part to notify CITY, by registered mail, at least thirty (30) days in advance of any policy cancellation, termination or reduction of the stated limits. (e) Before starting operations under this Agreement, CONTRACTOR shall deliver to CITY a "certificate of insurance" — an "additional insured endorsement, both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the City Attorney, which set forth the above provisions. (f) The countersigned certificate, along with the additional insured endorsement, shall state: "The City of Glendale, its officers, agents and employees are added as additional insureds under this policy. This insurance is primary to the coverage of the City of Glendale. Neither the City nor any of its insurers shall be required to contribute to any loss. The insurance shall apply separately to each insured. The issuing company shall mail thirty (30) days advance notice to the City of any policy cancellation, termination or reduction of the stated limits_" (g) (g) Additionally, the certificate of insurance shall state if any claim has been paid or is currently pending under the policy, and if so, the amount of the claim(s) and the amount of liability limits as lowered by the paid or pending claim(s). Any deductibles or self- insured retentions shall be set forth on the certificate and shall be subject to CITY'S review and approval. WORKERS' COMPENSATION INSURANCE (a) CONTRACTOR understands and agrees that all persons furnishing services to CITY under this Agreement are, for the purpose of workers' compensation liability, employees solely of CONTRACTOR and not of CITY. CONTRACTOR shall bear the sole responsibility and liability for furnishing workers' compensation benefits to its employees, or anyone it directly or indirectly employs, for injuries arising out of or connected with services performed on behalf of CONTRACTOR. (b) At its own expense, CONTRACTOR shall obtain, pay for, and maintain for the duration of the Agreement, complete workers' compensation insurance. CONTRACTOR shall PRICE AGREEMENT NO. 9897 QUOTE NO. 2011-109 DUE DATE: 6/612012 PAGE 16 OF 29 provide proof of workers' compensation coverage by delivering to CITY either an insurance certificate or a certificate of consent to self- insure. The City of Glendale shall not be responsible for any claims at law or in equity caused by CONTRACTOR'S failure to comply with this paragraph. (c) All workers' compensation insurance policies shall bear an endorsement, or shall attach a rider, which provides that the insurer will notify CITY, by registered mail, at least thirty (30) days in advance of the policy's expiration, termination or cancellation. CONTRACTOR SHALL FURNISH, THE REQUIRED CERTIFICATES OF INSURANCE AND ENDORSEMENTS BEFORE THE CITY SIGNS THIS AGREEMENT. CONTRACTOR'S FAILURE TO OBTAIN. PAY FOR. OR MAINTAIN INSURANCE (a) CONTRACTOR'S failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which CITY may immediate— terminate or suspend this Agreement. In the event of any termination or suspension, CITY may use the services of another contractor or contractors, without CITY'S incurring any liability to CONTRACTOR. (b) At its sole discretion, CITY may obtain or renew CONTRACTOR'S insurance, and CITY may pay all or part of the premiums. Upon demand, CONTRACTOR shall repay CITY all monies paid to obtain or renew the insurance. CITY may offset the cost of the premium against any monies due CONTRACTOR from CITY. PA NO. 1697 ADDENDUM #5 QUOTE NO. 2011-109 DUE DATE: 8120120`12 PAGE 16 OF 29 -- -Part Bid Proposal Section A: Bidder's Proposal Sheet Pricing Instructions: Unless otherwise specified, the below quoted prices shall include all delivery and unloading charges to all delivery sites in the three Cities and exclude State and Federal taxes and fees. The price of all gasoline shall be adjusted weekly, Demurrage: Up to one -hour of "standing time" shall be allowable at no charge for the purpose of unloading. If the vendor is unable to being unloading fuel within one hour after the scheduled arrival at a City site due to delays caused by City operations, Vendor may asses demurrage charges. Demurrage charges shall apply in Increments of one quarter (114) hours. For Unleaded Fuel pricing: Prig discounts shall apply to the average rack/terminal price in the column entitled "Los Angeles ", PADD 415 Report, PADD 5, Los Angeles CARFG Ethanol 10.0 %, Average Rank, in the Thursday Edition of the (ail Price Information Service published by the United Publication Group. Daily Contract Average Q 10:00 a.m. Sidder shall indicate either Discount from ( -) or Markup to (+) the OPTS PADD 5 Ethanol Rack Average Price Per Gallon (PPG). Select either Discount or NQrkun. Pricing stated below by Vendor must include all delivery fees, with the exception of a delivery charge for tank deliveries for quantities of less than 400 gallons. 1eT . Fg 0Kd'- a A�. By.,� P;urc a��:e„l ul r:.trc2 lilloa -dM 8 tt�� ativns PPG., °_ -.s QPIS PPG onA rii 5, 2012 �$ 31 S (� Discount per gallon: minus - -- - - - $ Mark-up per gallon: (plus) $ �. Lr. .:'v= tii.. -: k�`•• -iku i ='r „�,•�•r.' -._ ' "t'� r r'`' .•-,,. .,¢r ..'- QPIS PPG on April 5, -2012 $ 31 _ Discount per gallon: (minus).- - -- - - - $ Mark-up per gallon: (plus) $ .:'v= tii.. -: k�`•• -iku i ='r „�,•�•r.' -._ ' "t'� r r'`' .•-,,. .,¢r ..'- 4's..�:- '- ��`-i" - -.:1'. R, QPIS PPG on A Fil a, 2012 $ Discount per allon: minus $ Mark-up per gallon: (plus) S I , PA NO. 1897 ADDENDUM 95 QUOTE ND_ 2011 -109 DUE DATE: 6/2012012 PAGE 17 OF 29 ;za�:�:n � ����� �- eau s�►- Ile ,pu �a� �,�. � .�.�,z�._ �� ±�M :.;� . �� x• . - � .r � x: ��,� - -- PPG `� �� ���� OPIS PPG on April 5, 2012. $ Discount per pal Ion: minus $ _ Mark-up per gallon-, lus) $ Delivery fee fear quantity less than 400 gallons S • :d For Ultra -Lover Diesel Fuel'Pricing: Price discounts shall apply to the average rack/terminal price in the column entitled "Los Angeles ", PADD 4/5 Report, PADD 5, Los Angeles CARFG Ultra Low Sulfur Diesel, Average Rack, in the Thursday Edition of the Oil Price Information Service published by the United Publication Group. Daily Contract Average @ 10:00 a.m. Bidder shall indicate either Discount from () or Markup to ( +) the OPIS PADD 5 Ethanol Rack Average Price Per Gallon (PPG). Select either Discount or lutarku . uricha e, �' I x to _ - A 4 '- P Price Per Galfai`(PPG),' OPIS PPG on April 5, 2012 $ $ Discount Der gallon: minus $ $ Mark-up per .anon: _ lus NOM ;f3 t�- X49 ;Gal one Pr1ce Pet GI[vn PIG ; i` OPIS PPG on April 5, 2012 $ L Discount per gallon: minus $ Mark-up per gallon- (plus) $ - � , r: n_ `P�ice`Per Mellon Pl? OPIS PPG on April 5, 2012 - 1 Discount per allon: minus Mark-up per gallon: (plus) - � , r: n_ `P�ice`Per Mellon Pl? OPIS PPG on April 5, 2012 - 1 Discount per allon: minus Mark-up per gallon: (plus) PA NO. 1897 ADDENDUM #5 QUOTE NO. 2811 -109 DUE DATE: 612012012 PAGE 18 OF 29 Q fill Bt�l m I:a.�tcc o Sr _ _ PER GAI.l dN .. -N,,_}_ Y��:: �. � :,•;,��..,r:- •_r_siyti�.��.y.�: �+f�'a' ==.�� '• i•+. L.• �' yY� ,�'•i..^r"•i- 'r.;s;-- ^.-1:��s. �,`��vr'L`.:.',hr +}h'�RY. �', ••.sR':!. +y:.`flM.: 'Y'�'- - = r.- �• ?•xiy .t+• °'Jtf °�'i ., ... .�, iP`rice;PeryGallnr�� PPGj OPIS PPG on A rH 5 2012 ; Y L IS Discount er allon: minus $ (Nark -up per gallon: (plus) $ OTC Delivery Char a for Bulk Fuel- less than 400 gallons $ A. APPLICABLE TAKES — Check if tax is applicable and cost per gallon: B. Demurrage charges per one - quarter (114) hour in excess of initial one (1) hour. $ o C. Fuel price will be adjusted In accordance with OPIS dally contract average rate @ 10:00 a.m. Los Angeles. Yes 1�il No D. Specify pump charge if applicable. f=lat fee per delivery. $ 0 Sr _ _ PER GAI.l dN r'r �.r..xsr rev. � J :,UNR�ADEL1 ••.sR':!. +y:.`flM.: 'Y'�'- - Federal Excise Tax EXEMPT. This tax shall not'appear on the billing statement Oft must also appe ar as a credit if billed on the statement State Excise Tax $ Child Lead Poisoning $ A. 0 an -- CA Oil Spill $ Federal Superfund Federal Spill $ A , 001 • Underground Storage Fee is . � • Other - 1 is D 1 tO. '11 $ ()(=)o B. Demurrage charges per one - quarter (114) hour in excess of initial one (1) hour. $ o C. Fuel price will be adjusted In accordance with OPIS dally contract average rate @ 10:00 a.m. Los Angeles. Yes 1�il No D. Specify pump charge if applicable. f=lat fee per delivery. $ 0 PA NO. 1897 ADDENDUM #5 QUOTE NO. 2011 -109 DUE DATE: 6/2012012 PAGE 19 OF 29 F- Cash Discount Terms of — ° —dayslprox.for-pc mptrpayment_wilLappty-to:, - all orders. (A minimum of 20 days is required.) Unless otherwise stated, net 30 days shall apply. F. The Cities may not _ (check one only) exercise their option to renew this agreement as stipu ated under the General Conditions for the period of. (indicate -one (1) additional year, two (2) additional years; or three (3) additional years). - G. Please indicate if this bid will be oxiended to other public agencies* Y4x— No H. Bidder agrees that this aid shall remain valid for a period of not less than ninety (90) calendar days frorn the date of opening bids, or until rejected by the Cities. whichever period is shorter The undersigned hereby agrees to furnish the above articles and/or services, at the prices and terms stated, subject to the instructions and condltions shown on the attached General Conditions for PRICE AGREEMENT NO. 1897– UNLEADED AND DIESEL FUEL- All representations made herein are made under penalty of perjury. COMPANY NAMI AUTHORIZED SI PRINT NAME: ADDRESS: TELEPHONE NUMBER: EMAIL ADDRESS, TAXPAYER ID: FAX: 19 >1 i ' ` �'3 n - _ PA NO, 1897 ADDENDUM #5 QUOTE NO, 2011 -109 DUE DATE: 6120!2012 PAGE 20 OF 29 -- - erection B -Bidder's Statement of- Exoerienc -� Please provide a list of at feast four (4) agencies or companies for whom you have T provided work of a similar nature. If you do not supply four (4) references your bid will be found Non - Responsive. _ , Contact Person Name or Agency or Company Address: '7elephone Number Description of Work Contact Person Name or Agency Or Company Address: Telephone Number Description of Work Contact Person Name or Agency or Company Address: Telephone Number Description of Work Contact Person Name or Agency or Company Address: Telephone Number Description of Work viii PA NO. 1897 ADDENDUM #5 QUOTE NO. 2011 -109 DUE DATE: 6120/2412 PAGE 21 OF 29 ._ .__ -- PART ill - §EECIFICATION F2QJ2 instructions: Vendor to indicate in the column provided if in compliance with the specified requirement, Indicate by writing "Yelp or "No" in the appropriate column. fill as - Fuel Requirements Fuels meet current fuel industry laws, codes, requirements, standards and guidelines, Including South Coast Air Quality Management 1 District (SCAQMD) and American Society of Testing and Materials *► (ASTM) laws, regulations and standards. 2 Only major oil company quality fuels meeting the following specifications are to be quoted and/or awarded. Vendor shall correct or adjust gasoline fuel deliveries to be stated, 3 billed, and paid for on the basis of said gasollne at sixty (60) degrees �� (Fahrenheit). Corrections shall be made on all bulk deliveries of troleum measurement tables. d Unleaded gasoline shall be unleaded regular 87 octane (minimum). Diesel fuel shall be CARE (clear) ultra -Low Sulfur Diesel Fuel No. 2. 5 with maximum sulfur content not to exceed 15 _ _ Fuel Deliveries _ Deliveries shall be made to each City Location (Reference 'Appendix 6 A ") as needed within one (1) working day from receipt of order from authorized personnel of the Cities. 7 Vendor delivery Truck must be capable of pumping fuel into storage. Temperature correction adjustments to sixty (60) degrees Fahrenhoit 8 shall be made. es Delivery truck driver shall stick each tank with a fuel tank gauge stick prior to offloading to insure that adequate fuet storage Is available to accept the antire shipment without spillage. Readings shall be taken by the driver prior to unloading fuel and after unloading fuel and shalt 9 be recorded on the delivery receipts. Each Delivery truck must be equipped with a stick. Driver shall sign the delivery ticket at the time and place of delivery. One copy of each delivery ticket is to be mailed to the apVopriate location. All packages of Hazardous Materials shall be clearly marked with the 10 proper shipping name and Identification number as required by the Cftartment of Trans odatron. Up to one-hour of "standing time" shall be allowable at no charge for 11 the purpose of unloading. If the vendor is unable to being unloading fuel within one h after the scheduled arrival at a City site due to our At 5 delays caused by City operations, demurrage charges may be assessed Vendor. Vendor to adhere to each Cities set site delivery hours f 12 PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 6/612012 PAGE 22 OF 29 BIDDERS CHECKLIST The following documents MUST be uploaded electronically with your bid response via PlanetBids: 1) The completed Bidder's Proposal Sheet (Part II, Section A) 2) The completed Bidder's Statement of Experience (Part II, Section B) 3) Specification F2012 with your compliance indicated for each item (Part III) 4) The completed IIPP Vendor/ Contractor Certification Form. 5) Acknowledgement of any Addendums issued. PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 61612012 PAGE 23 OF 29 "APPENDIX A': ESTIMATED ANNUAL USAGE UNLEADED FUEL City of Burbank Estimated Annual Usage — 276,000 Gallons City of Glendale Estimated Annual Usage — 416,000 Gallons City of Pasadena Estimated Annual Usage — 486,000 Gallons Total Estimated Annual Usage -- 1,178,000 Gallons DIESEL FUEL City of Burbank Estimated Annual Usage — 74,000 Gallons City of Glendale Estimated Annual Usage — 220,000 Gallons City of Pasadena Estimated Annual Usage — 305,000 Gallons Total Estimated Annual Usage — 539,000 Gallons PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 616!2092 PAGE 24 OF 29 "APPENDIX B' TANK LOCATIONS, TANK SIZES AND HOURS OF OPERATION BY CITY CITY OF BURBANK Number of Locations: Seven(7) Number of Tanks: Twelve (12) Number of Unleaded Tanks: Four (4) Number of Diesel Tanks: Eight (8) Burbank Location Listing: Public Works Field Services 124 S. Lake Street Burbank, CA 91502 Hours: M - 1=, 6:15A - 5 :30P Unleaded Tank: (2) 12,000 gallons each Diesel Tank: (2 )12,000 gallons Fire Station 12 644 N. Hollywood Way Burbank, CA 91505 Hours: 2417 Unleaded Tank: 1,000 gallons each Diesel Tank: 1,000 gallons Fire Station 14 2305 W. Burbank Burbank, CA 91506 Hours: 2417 Diesel Tank: 1,000 gallons Fire Station 16 1600 N. Bel Aire Drive Burbank, CA 91506 Hours: 2417 Diesel Tank: 1,000 gallons Fire Station 11 353 E. Olive Street Burbank, CA 91502 Hours: 2417 Diesel Tank: 5,000 gallons Fire Station 13 2713 Thornton Burbank, CA 91504 Hours: 2417 Unleaded Tank: 1,000 gallons each Diesel Tank: 1,350 gallons Fire Station 15 1420 W. Verdugo Burbank, CA 91506 Hours: 2417 Diesel Tank: 1,000 gallons PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 616/2012 PAGE 25 OF 29 CITY OF GLENDALE Number of Locations: Nineteen (19) Number of Tanks: Thirty Five (35) Number of Unleaded Tanks: Fifteen (16) Number of Diesel Tanks: Twenty (20) Glendale Location Listing: Public Works Yard 541 W. Chevy Chase Drive Glendale, CA 91204 Hours: M- F, 8 -5 Unleaded Tank: (2) 9,728 gallons each Diesel Tank: 9,728 gallons Diesel Generator: 2,500 gallons GWP Yard 1 Back up Generator 800 Air Way Glendale, CA 91201 Hours: M- F, 8 -5 Unleaded Tank: (2) 10,000 gallons each Diesel Tank: 10,000 gallons Diesel Generator: 1,000 gallons Old Police Building Generator 140 N. Isabel Glendale, CA 91206 Hours: M- F, 8 -5 Diesel Generator: 1,500 gallons Verdugo Park 1621 Canada Glendale, CA 91214 Hours: M- F, 8 -5 Unleaded Tank: 10,000 gallons Doran Pumping Plant 867 W. Doran Glendale, CA 91203 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Intergrated Waste Yard 548 W. Chevy Chase Drive Glendale, CA Hours: M- F, 8 -5 Diesel Tank: (2) 9,728 gallons each Civic Center Garage 120 N. Isabel Glendale, CA 91206 Hours: M- F, 8 -5 Unleaded Tank: (3) 10,000 gallons each Diesel Generator: 6,000 gallons New Police Building 133 N. Isabel Glendale, CA 91206 Hours: M- F, 8 -5 Unleaded Tank: 30,000 gallons Diesel Generator: 15,000 gallons Brand Park 1601 W. Mountain Glendale, CA 91207 Hours: M- F, 8 -5 Unleaded Tank: 1,000 gallons San Augustine Back up Generator 3968 San Augustine Glendale, CA 91206 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Fire Station 21 421 Oak Street Glendale, CA 91204 Hours: M- F, 8 -5 Unleaded Tank: 1,000 gallons Unleaded Tank: 2,500 gallons Diesel Tank: 6,000 gallons Fire Station 23 3303 E. Chevy Chase Glendale, CA 91206 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Fire Station 25 353 N. Chevy Chase Glendale, CA 91206 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Fire Station 27 1127 Western Glendale, CA 91201 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Fire Station 29 2465 Honolulu Glendale, CA 91214 Hours: M- F, 8 -5 Unleaded Tank: 1,000 gallons Diesel Tank: 6,000 gallons PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 616/2012 PAGE 26 OF 29 Fire Station 22 210 E. Palmer Glendale, CA 91205 Hours: M- F, 8 -5 Unleaded Tank: 1,000 gallons Unleaded Tank: 550 gallons Diesel Tank: 2,500 gallons Fire Station 24 1734 Canada Glendale, CA 91208 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Fire Station 26 1145 N. Brand Glendale, CA 91206 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons Fire Station 28 4410 New York Glendale, CA 91214 Hours: M- F, 8 -5 Diesel Generator: 1,000 gallons PRICE AGREEMENT NO. 1897 QUOTE NO. 2011 -109 DUE DATE: 6/6/2012 PAGE 27 OF 29 CITY OF PASADENA Number of Locations: Four (4) Number of Tanks: Eight (8) Number of Unleaded Tanks: Five (5) Number of Diesel Tanks: Three (3) Pasadena Location Listin : CITY YARDS 323 W. Mountain St. Pasadena, CA 91103 Hours: 2417 Unleaded Tank: 20,000 gallons Diesel Tank: 20,000 gallons PASADENA POLICE DEPARTMENT 207 N. Garfield Av. Pasadena, CA 91109 Hours: 2417 (Gated) Unleaded Tanks: (2) 10,000 gallons each CIVIL DEFENSE FACILITY 2783 Eaton Canyon Dr. Pasadena, CA 81107 Hours: 2417 Unleaded Tank: 20,000 gallons Diesel Tank: 20,000 gallons PASADENA FIRE DEPARTMENT 515 N. Lake Ave. Pasadena, CA 91109 Hours: 2417 (Gated) Unleaded Tank: 10,000 gallons Diesel Tank: 10,000 gallons PA No. 1897 ADDENDUM #5 QUOTE NO, 2011 -109 DUE DATE: 6/20/2012 PAGE 26 OF 29 "APPENDIX C' ENDORICONTRACTOR CERTIFICATION The undersigned certifies that it has in place an Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations. (Note: If you believe that you are exempt from the state mandate, on a separate sheet please explain why you ara exempt.) The undersigned further certifies that its I IPP is in written form and includes, at a minimum, the foilowing elements: 1. Identification of the person or persons responsible for implementing the Contractor's safety program and the name of the Contractor's on -site Safety Representative_ 2. The Contractor's system for Identifying and evaluating workplace hazards including scheduled periodic Inspections to identify unsafe conditions and work practices: a) whenever new substances, processes, procedures or equipment is introduced into the workplace and represents a new hazard; and b) whenever the Contractor is made aware of a new or previously unrecognized hazard. 3. The Contractor's methods and procedures for correcting unsafe or unhealthy conditions and worts practices in a timely manner, The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based fin the severity of the hazard: a) when observed or discovered; and b) when an imminent hazard exists which cannot be immediately abated without endangering employees and/or property, remove all exposed personnel from the area except those necessary to correct the existing conditlon. Employees necessary to correct hazardous conditions shall be provided with the necessary safeguards. 4. The Contractors occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment: a) to all new employees; b) to all employees given new job assignments for which training has not been previously received; c) whenever new substance, processes, procedures or equipment are introduced into the Project and represent a new hazard; d) whenever the employer Is made aware of a new or previously unrecognized hazard; and C) for supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed. PA NO. 1897 ADDENDUM 95 QUOTE NO. 2011 -109 DUE DATE: 6120/2012 PAGE 29 OF 29 5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Contractor of hazards at the Joh Site without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, postings, written communications, a system of anonymous notification by employees about hazards, labor /management safety and health committees, or any other means that ensures communication with employees. 6, The Contractor's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action. 7. The Contractor shall keep appropriate records of steps taken to implement and maintain the program such as inspection, training documentation, included but not limited to, inspection checklist and training documentation form. 8. The Contractor shall include procedures to investigate occupational injury or occupational illness, 9. For construction projects the Contractor shall adopt a written code of safe practices that specifically relates to the employer's operations. Tailgate meetings shall be held at least every ten (10) working days with employees and subcontractors. 10. A pre job meeting may be required with the Safety Officer prior to the job start dale. The foregoing is made herein under penalty of perjury. Full an COMP Slink PRINT ADDR rN TELEPHONE NUMBER: FAX TELEPHONE NUMBER. The City reserves the right to review the IIPP and to Inspect the Job Site while the Work is in progress for safety and health requirements, per current Federal or State /OSHA regulations. Any violations discovered shalt immediately be corrected by the Contractor at its sole expense or the City shall correct such violations and deduct the expenses from monies due the Contractor. .. " PA 1897 Unleaded and Diesel Fuel Addendum No. 5 Revised Due Gate. 6120112 @ 4 P.M. PRICE SCORING METHOD: To evaluate bid prices an average weighted scoring method will be used whereby a figure will be calculated for both Unleaded and Diesel Fuels from the pricing provided by bidders on the Bid Proposal Sheet. Pricing for "Full Truckload" bid categories (i.e. 1 and 2 for Unleaded Fuel and categories 6 and 7 for Diesel Fuel) will be given twice the value of that from the "Less Than Full Truck" Load bid categories (i.e. 3 and 4 for Unleaded Fuel and 8, 9 and 10 for Diesel Fuel). The calculated average for each fuel will then be multiplied by the corresponding estimated annual usage figure for Unleaded and Diesel Fuel provided in Appendix "A ". Example (hypothetical responses from Vendor X for Unleaded Fuel) Item 1: Full Truckload (8,500 + gallons) = Opis + $.013 per gallon Item 2 Full Truckload (6,000- 8,499 gallons) = Opis + $.013 per gallon Item 3: Less Than Full Truckload (2,000 + 5.999 gallons) - Opis + $.043 per gallon Item 4: Less Than Full Truckload (0 — 2,499 gallons) = Opis + $.053 per gallon Average Calculation: Item 1: Opis + $,013 per gallon Item 1: Opis + $.013 per gallon Item 2: Opis + $.013 per gallon Item 2: Opis + $.013 per gallon Item 3: Opis + $.043 per gallon Item 4: Opis + $.053 per gallon Average: + $.14816= + 5.0246 per gallon Bid Price: $.4246 X 1,178,000 gallons= $29,057.25- Annual Opis =/. Vendor X calculated annual fuel bid for unleaded fuel= Opis price per gallon on April 5, 2012 times 1,178,000 gallons + $29,457.25 = Total Estimated Annual Expenditure for unleaded fuel