FUEL DELIVERY SERVICE CONTRACT

WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA 100 East Sunnyoaks Avenue Campbell, California 95008 Request For Bids FUEL DELIVERY SERVICE CONTRACT

West Valley Sanitation District Fuel Delivery Service Contract TABLE OF CONTENTS 1. Request for Bids 1 Page 2. Scope of Services 3 Pages 3. Scope of Services Appendix 1-3 3 Pages 4. Bid Documents 8 Pages

REQUEST FOR BIDS WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA 100 East Sunnyoaks Avenue Campbell, California 95008 FUEL DELIVERY SERVICE CONTRACT Notice is hereby given that the West Valley Sanitation District of Santa Clara County (District) is accepting bids for fuel delivery service to the District yard located at 100 E. Sunnyoaks Ave., Campbell, California. RECEIPT OF BIDS - Sealed bids will be received at the District office at 100 East Sunnyoaks Avenue, Campbell, California, 95008, until 2:00 PM (local time), on Friday May 4, 2018. Proposals received will not be publicly opened or read aloud. All bids shall be enclosed in an opaque envelope clearly marked as FUEL DELIVERY SERVICE CONTRACT. The proposals will be referred to and considered by the Board at its meeting starting at 6:00 PM, on Wednesday, June 13, 2018. DESCRIPTION OF SERVICE CONTRACT The District has an above ground fuel storage facility and utilizes approximately 12,000 gallons of gasoline and 6,000 gallons of diesel fuel annually to operate its fleet. Regular fuel delivery services throughout the year are required to maintain adequate fuel supplies during normal and emergency operations. The Fuel Delivery Service Contract will be issued for an initial three (3) fiscal year period (starting July 1, 2018) with the District s option to extend the contract up to two additional three (3) year terms (for a total maximum contract term of nine (9) years). Should the District elect to exercise its option to extend this contract the additional two terms, this contract could span from fiscal year 2018-19 through fiscal year 2026-27 (June 30, 2027). Reference the Scope of Work for description of the fuel storage facility, fuel usage, and delivery details. REQUEST FOR BIDS The Request for Bid (RFB) package consists of this RFB Notice, Scope of Services and Bid Documents. RFB packages are available to all interested parties at no cost on the District s website at www.westvalleysan.org/documents/ or by telephone request at (408) 385-3011. DISTRICT S RIGHT - The District will review all Bid Forms for the purpose of determining the proposer s responsiveness in meeting the requirements of the RFB and the responsibility of the contractor in their ability to perform the fuel delivery services required by the District. The District reserves the right after opening bids to reject any or all bids, waive any informality (nonresponsiveness) in a bid, or to make award to the lowest responsive and responsible bidder and reject all other bids, as it may best serve the interest of the District.

West Valley Sanitation District SCOPE OF SERVICES FOR FUEL DELIVERY SERVICE CONTRACT 1. REPRESENTATION A. The Contractor s Authorized Representative is the individual listed in the Contractor s Bid and is the person authorized to contractually bind the Contractor. B. The Contractor Service Representative is the individual listed in the Contractor s Bid and is the person the District Representative will regularly communicate with regarding questions or coordination of the fuel delivery schedule. This may be the same individual as the Contractor s Authorized representative. C. The District Representative is the Operations Supervisor and is the person the Contractor Service Representative will regularly communicate with. Alternates to the Operations Supervisor are the Supervising Lead Worker and the Director of Engineering and Operations. 2. DELIVERY SCHEDULE A. The Contractor shall provide fuel deliveries on an as needed basis, with delivery schedules coordinated between the District Operations Supervisor and Fuel Service dispatcher. The delivery intervals can range from 5 to 28 days, however, it is typically between 7 to 14 calendar days. B. Deliveries are scheduled during the normal work week, except for scheduled District holidays and planned office closures. Reference Appendix 1 District Holiday Schedule for calendar year 2018. C. Deliveries are received between 7:30 am and 3:00 pm. D. Special or emergency deliveries outside the regular delivery intervals, and or outside the normal workweek or times may occasionally be required. Emergency response within 24 hours is required. 3. FUEL STORAGE FACILITY A. The address of the fuel storage location is 100 East Sunnyoaks Avenue, Campbell, CA. B. The fuel storage facility is located at the rear of the District yard. The driveway and parking area leading up to the storage facility as well as the driveway used to exit the yard is somewhat restrictive and limits the length and size of delivery truck that can be used. Reference the aerial images of the District yard and fuel storage location in Appendix 2. C. The above ground fuel storage tank is a single dual walled unit that is internally divided into 1,000 gallon gasoline and 1,000 gallon diesel storage tanks. Reference Appendix 3 for photographs of the storage tank. D. The fuel levels, fuel level and leakage alarms are monitored by a Franklin (INCON) TS- 550EDP EVO Fuel Monitoring Unit (FMU). Alarm set points are: i. High-High Fuel Level = 950 gallons (45.5 ) High Fuel Level = 900 gallons (43.1 ) Low Fuel Level = 200 gallons (9.6 ) WVSD Fuel Delivery Services Page 1 of 3

Low-Low Fuel = 125 gallons (6.0 ) 4. FUEL DELIVERY A. The District has historically used on an annual basis, approximately 12,000 gallons of premium unleaded gasoline and 6,000 gallons of ultra-low sulfur clear diesel No.2. There is always a possibility in the future that the District may change its gasoline requirements from premium to mid-grade gasoline, and quantities of fuel will vary. B. The typical delivery quantity for gasoline and diesel is 450 and 225 gallons, respectively. Actual deliveries will vary, but estimated quantities will be called into the Fuel Service dispatcher when scheduling each delivery. C. Upon arrival at the site, the driver must contact the Operations Supervisor or his alternate, to notify that fuel is being delivered and to obtain fuel box keys. D. The driver must validate the fuel quantity delivered by obtaining tags from the Fuel Monitoring Unit to show pre and post-delivery fuel levels. This difference should match the measured quantities dispensed (within an agreed upon margin of error). E. During the delivery of fuel, the fuel level may exceed the high fuel level alarm set-point, but should be maintained below the high-high alarm levels. Occasionally, the driver may be directed by the Operations Supervisor to fill tanks beyond the high-high levels in order to test the alarm system. 5. FUEL PRICING A. The fuel pricing used to invoice the District shall be based on the Oil Price Information Service (OPIS) San Jose, CA terminal, using Rack Average prices. B. The Contractor s margins provided in their bid, shall remain constant for the entire term of services (up to nine years). The margin shall include all profit, direct and indirect overhead, and delivery costs. C. The only other costs allowed to be invoiced to the District are the applicable state mandated excise tax, environmental fee, AB32 Fee, UST Fee, and state sales tax. The District is exempt from federal excise taxes. If a federal excise taxes are included in the itemization, then an equal federal excise tax credits must also be shown in the itemization. D. All invoices submitted to the District must be fully itemized to show all individual costs and shall include the supporting OPIS report related to the delivery to validate that appropriate Rack Average pricing is being used. 6. SUPERVISION AND QUALITY CONTROL A. The Contractor s Authorized Representative shall conduct regular self-audits to insure that the invoicing to the District is in accordance with the contract. This Representative is responsible for providing adequate supervision to assure competent and satisfactory performance of the services required under this contract. B. The fuel delivery person is responsible for closely monitoring their operations to protect District property, for being fully cognizant that the correct fuel type is being delivered, and preventing fuel tanks from being overfilled. Any damage or fines resulting from the negligence of the fuel delivery person is the full responsibility of the Contractor and shall be paid for by the Contractor. Complaints regarding the fuel delivery person shall be immediately reviewed and resolved by the Contractor s Authorized Representative. WVSD Fuel Delivery Services Page 2 of 3

C. The District will evaluate performance on a periodic basis. Such evaluation will include assessing compliance with all terms stated in the contract and the Scope of Services. If deficiencies are found, the District will provide notice to the Contractor to remedy the deficiency by a given time period. If the Contractor is unable, or unwilling, to correct the deficiency within the given time allowance, this may serve as grounds for terminating the Contract, or opting out of renewing Contract extensions. 7. SAFETY REQUIREMENTS A. Contractor s Duties i. The Contractor has the duty to ensure that all Contractor s staff has been trained and familiar with the Contractor s written safety programs related to the proper handling and delivery of fuel, including: Injury and Illness Prevention Program (IIPP), Hazard Materials Training, Hazard Communication Program, and New Employee Orientation Program. ii. The Contractor expressly assumes any and all duties to assure safety on the job site and all areas affected by services provided. Contractor and its subcontractors, if any, shall comply will all applicable federal, state and local safety rules, regulations, requirements and orders in the performance of the contract work. In addition, Contractor and its subcontractors shall comply with all requirements and procedures stated in this document. iii. The Contractor shall take any additional precautions necessary to prevent injury to all persons (employees and District staff). iv. The Contractor has the duty to inform all its employees and suppliers of the safety requirements on its job site and shall enforce these requirements. Contractor shall not allow employees to begin work on District property without a safety orientation specific to the potential hazards of this contract. B. General Safety Requirements i. The consumption of alcoholic beverages and/or illegal drugs is strictly prohibited while performing work at District facilities. Workers who use prescription or non-prescription drugs, and legal drugs that may interfere with their ability to work safely are prohibited from District facilities and will be immediately directed off of District property. ii. The Contractor shall be responsible for providing and assuring the use of personal protective equipment (PPE) including but not limited to eye and face protection, safety gloves, hearing protection, respiratory equipment, foot protection, etc. as dictated by the work being performed. WVSD Fuel Delivery Services Page 3 of 3

West Valley Sanitation District Fuel Delivery Services Contract APPENDIX 1 DISTRICT HOLIDAY SCHEDULE The following 2018 WVSD Holiday Schedule is representative of the holidays taken each calendar year. The actual day of the week, and or numerical day, may differ for each given calendar year. Mon, January 01, 2018 Mon, January 15 Mon, February 19 Fri, March 30 Mon, May 28 Wed, July 04 Mon, September 03 Mon, September 10 Mon, October 08 Mon, November 12 Thu/Fri, Nov. 22-23 Mon/Tue, Dec. 24-25 Tue, January 01, 2019 New Year's Day Martin Luther King Day Presidents' Day Good Friday Memorial Day Independence Day Labor Day Admission Day Columbus Day Veterans' Day Thanksgiving & Day After Christmas Eve/Christmas Day New Year's Day * The WVSD Office is typically closed from December 24 to January 1 winter period.

Fueling Station West Valley Sanitation District Yard APPENDIX 2

APPENDIX 3 Fuel Monitoring Unit and Alarm Spill Baskets at Diesel and Gas Fill Points

West Valley Sanitation District BID DOCUMENTS FOR FUEL DELIVERY SERVICE CONTRACT 1. INTRODUCTION A. West Valley Sanitation District of Santa Clara County (District) is accepting bids for fuel delivery service to supply fuels at the District Yard located at 100 East Sunnyoaks Avenue, in Campbell, California. B. It is the intent of this RFB to secure a contract for a dependable, high quality, experienced, and professional fuel supplier to provide the necessary fuel and fuel delivery service for the District Fleet. C. These Bid Documents contain both the General Requirements of the contract as well as the Bid Forms to be submitted to the District by the Contractor. D. The fuel delivery service required will be performed on a regular but somewhat variable schedule to be coordinated between the District and the Contractor. There may also be instances, although rare, that special deliveries are required outside of the normal delivery times due to emergencies or unusual circumstances. E. It is the intention of the District to award an initial three (3) year fuel service contract with the option of extending the contract for two - three (3) year extensions, for a total possible contract term of nine (9) years. The contract is issued on a fiscal year basis, therefore, the first three year contract period starts on July 1, 2018 and ends on June 30, 2021. If all extensions are exercised, the contract period would end on June 30, 2027. F. Purchase Orders with the Fuel Supplier will be issued on a fiscal year basis and will be based on the District s projected fuel usage plus contingencies for fuel price escalation and other incidental petroleum product needs. 2. REQUEST FOR BID (RFB) PACKAGE A. The RFB Package for the Fuel Delivery Contract, is comprised of the following documents: i. Request for Bids ii. Scope of Services iii. Bid Documents (Bid Form on Pages 4 8) 3. SUBMITTAL REQUIREMENTS A. Sealed bids will be received at the District office at 100 East Sunnyoaks Avenue, Campbell, California, 95008, until 2:00 PM (local time) on Friday May 4, 2018. Bids received will not be publicly opened or read aloud. All bids shall be enclosed in an opaque clasped envelope clearly marked as BID FOR FUEL DELIVERY SERVICE CONTRACT. The bids and the recommended contract award will be referred to and considered by the Board at its meeting at 6:00 PM, on Wednesday, June 13, 2018. B. This Bid Document contains the Bid for Fuel Delivery Service Contract located at the end of this document (Pages 4 8). The Bid Form consists of the Contractor s Statement submitting the Bid to the District, which includes the Contractor s pricing for an estimated annual delivery of Clear Diesel No.2 and Premium (10% Ethanol) Unleaded Gasoline. WVSD Fuel Delivery Service Contract Bid Documents Page 1 of 8

i. The District has provided a fictitious OPIS Average Rack Rate for each fuel, an estimated annual delivery volume, and will pre-calculate the associated taxes and fees that are based on volume (except for state sales taxes and UST Fees) on the Bid Form. The taxes and fees are based on current rates. The District recognizes that future taxes and fee rates will vary from those shown in the Bid Form. ii. On the Bid Form, the Contractor shall provide their proposed margin for each fuel, indicates a UST Fee if applicable (enter zero, if none), and calculates the appropriate state sales tax. The Contractor s margin for each fuel type shall be used by the District for the life of the contract. iii. The Contractor calculates a total annual diesel and total annual gasoline cost and adds these together to provide a Total Annual Fuel Cost. The lowest Total Annual Fuel Cost submitted is the value that determines the successful bidder. It is recognized that the Total Annual Fuel Cost bid is based on a fictitious bulk fuel rack rate and an estimated volume of fuel and does not represent actual contract amounts to be awarded. iv. If any cost is omitted from the Contractor s Bid, the Bid will be considered unresponsive and not considered for award. v. If an arithmetic discrepancy is found in the calculations performed by the Contractor to develop the Total Annual Fuel Cost, the individual prices entered shall be deemed to reflect the Contractor s intention and the total price shall be recalculated accordingly. 4. CONTRACTOR REQUIREMENTS A. Licenses i. The Contractor is required to have and maintain a City of Campbell business license during the course of this contract. Proof of an active license must be provided to the District prior to the start of the contract and upon its annual renewal. B. Insurance i. The Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the Contractor. ii. Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 12 07 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. c. Workers Compensation: as required by the State of California, with Statutory Limits, and Employer s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. WVSD Fuel Delivery Service Contract Bid Documents Page 2 of 8

iii. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions. a. Additional Insured Status The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). b. Primary Coverage For any claims related to this contract, the Contractor s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor s insurance and shall not contribute with it. c. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the District. d. Waiver of Subrogation Contractor hereby grants to District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the District. The District may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. f. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:VII, unless otherwise acceptable to the District. g. Verification of Coverage Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. WVSD Fuel Delivery Service Contract Bid Documents Page 3 of 8

BID FOR FUEL DELIVERY SERVICE CONTRACT To: District Manager and Engineer, West Valley Sanitation District of Santa Clara County (District), State of California. Submitted By: Name of Company The Contractor hereby represents and warrants that: 1. It has sufficiently informed itself in all matters affecting the performance of the work, the furnishing of the labor, supplies, material, and equipment called for in carrying out the services described in this RFB. 2. It has satisfied itself as to the knowledge of the facility and its location through direct examination or by familiarization with the documents and descriptions provided in the RFB Package. 3. Its proposal has been thoroughly checked for errors and omissions and all prices stated are complete and correct statements of its proposal for performing all work required by the contract documents. 4. Its proposal is genuine, not sham or collusive; that it has not induced or solicited any other Contractor to submit a sham proposal or to refrain from proposing; and that it has not in any illegal manner sought to secure for himself any advantage over any other Contractor. 5. It understands that the District reserves the right to reject any and all proposals or to waive any irregularities in the procedures, and to award a Contract to other than the lowest Contractor. 6. It shall not add any condition or qualifying statements to this bid, otherwise the proposal may be declared irregular as being non-responsive to the RFB. 7. That the Contractor s margins stated for each fuel type will be used as the basis for invoicing the District for fuel supplied throughout the duration of the contract term and that all other figures shown in the Bid are fictitious and are used only for purpose of evaluating this Bid. 8. That the Contractor s margins includes all costs (labor, materials, equipment, tools, licenses, bonds, insurance, overhead, profit, travel, and price escalation during the contract period, etc.). 9. The Contractor will apply the appropriate sales tax, use tax and other taxes, that apply to the purchase of fuel and will clearly itemize each of these in every invoice submitted to the District. WVSD Fuel Delivery Service Contract Bid Documents Page 4 of 8

BID (1 of 2 Sheets) Clear Diesel No.2 Bulk Rate & Margin OPIS Average Rack Rate (Fictitious Rack Rate) $ 1.75 Contractor Margin (Hold Margin for Contract Term) + $ Bulk Fuel Rate - DSL $ Estimated Annual Diesel Usage x 6,000 gal Extended Annual Cost (Pre-Tax/Fee) $ Taxes & Fees (Based on 6,000 gallons of fuel) State Excise Tax - DSL $0.3600 x 6,000 = $ 2,160.00 Fed Excise Tax - DSL $0.2440 x 6,000 = $ 1,464.00 Fed Excise Tax Credit DSL -$0.2430 x 6,000 = - $ 1,458.00 AB32 Fee CLR DSL $0.0032 x 6,000 = $ 19.20 Environmental Fee CLR DSL $0.0075 x 6,000 = $ 45.00 UST Fee CLR DSL $ x 6,000 = $ (zero if N/A) State Sales Tax $0.15 x $ = $ Total Annual Cost DSL (Based on 6,000 gal) $ WVSD Fuel Delivery Service Contract Bid Documents Page 5 of 8

BID (2 of 2 Sheets) Premium (10% Ethanol) Unleaded Gasoline Bulk Rate & Margin OPIS Average Rack Rate (Fictitious Rack Rate) $ 2.75 Contractor Margin (Hold Margin for Contract Term) + $ Bulk Fuel Rate - GAS $ Estimated Annual Gas Usage x 12,000 gal Extended Annual Cost (Pre-Tax/Fee) $ Taxes & Fees (Based on 12,000 gallons of fuel) Fed Excise Tax - GAS $0.184 x 12,000 = $ 2,208.00 Fed Excise Tax Credit GAS -$0.183 x 12,000 = - $ 2,196.00 AB32 Fee GAS $0.0032 x 12,000 = $ 38.40 Environmental Fee GAS $0.0075 x 12,000 = $ 90.00 State Excise Tax GAS $0.417 x 12,000 = $ 90.00. UST Fee GAS (zero if N/A) $ x 12,000 = $ 5,004.00 State Sales Tax $0.0425 x $ = $ Total Annual Cost GAS (Based on 12,000 gal) $ BASIS OF BID SELECTION Total Annual Cost CLR DSL $ (from Page 5) Total Annual Cost GAS + $ (from this Page) Total Annual Fuel Cost $ WVSD Fuel Delivery Service Contract Bid Documents Page 6 of 8

1. I, the undersigned, is designated as the Contractor s Authorized Representative and is authorized to contractually bind the Contractor. 2. I, the undersigned, agree that if this Bid is accepted, I will enter into a Contract for Fuel Delivery Service with the District, agree to all of the requirements and terms and to provide all services described in the RFB Package. 3. I, the undersigned, having carefully checked the above-provided proposal, understand that the District will not be responsible for any errors or omissions on the part of the undersigned in creating this Bid. 4. I, the undersigned, understand that the District reserves the right to reject any and all proposals or to waive any irregularities in the procedures, and to award a Contract to other than the lowest Contractor. 5. I, the undersigned, agree that this proposal is valid for sixty (60) days following the proposal due date and may not be withdrawn within this time frame. If you are an individual, so state. If a firm or co-partnership, state the firm name and list the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, name of the president, secretary-treasurer, and manager and affix the corporate seal. The statements contained in this Proposal are made under penalty of perjury. SUBMITTED on, 2018. The Contractor s Service Representative for this Fuel Delivery Service Contract is: If Contractor is: An Individual Name (typed or printed): Doing business as: By: (Individual's signature) Business address: Phone Number: ( ) FAX Number: ( ) WVSD Fuel Delivery Service Contract Bid Documents Page 7 of 8

A Partnership Partnership Name: Name (typed or printed): Business address: By: (Signature of general partner -- attach evidence of authority to sign) Phone Number: ( ) FAX Number: ( ) A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: Name (typed or printed): (Signature -- attach evidence of authority to sign) Title: Attest: (Signature of Corporate Secretary, Acting Secretary or other officer) Business address: Phone Number: ( ) FAX Number: ( ) Date of Qualification to do business is WVSD Fuel Delivery Service Contract Bid Documents Page 8 of 8