Bulk_Fuel_Delivery.pdf

REQUEST FOR PROPOSAL

2023-RFP-013

BULK FUEL DELIVERY

Valley Sanitary District

45500 Van Buren Street

Indio, CA 92201

RELEASE DATE: October 16, 2023

DEADLINE FOR QUESTIONS: October 27, 2023

RESPONSE DEADLINE: November 10, 2023, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/valley-sanitary

Valley Sanitary District

REQUEST FOR PROPOSAL

Bulk Fuel Delivery

I. INTRODUCTION

II. INSTRUCTIONS TO PROPOSERS

III. Evaluation Phases IV. Scope of Work V. Pricing Proposal

VI. Vendor Questionnaire

Attachments:

A - VSD SAMPLE CONTRACT

B - Bulk Fuel Delivery Scope of Work

Request For Proposal #2023-RFP-013 Title: Bulk Fuel Delivery

1. INTRODUCTION

1.1. Summary

VSD has prepared this Request for Proposals (“RFP”) and is requesting proposals from qualified and interested firms (“Proposers”). VSD has prepared this Request for Proposals ("RFP") and is requesting proposals from qualified and interested firms ("Proposers"). The District seeks the safe and timely delivery of bulk quantities of fuel to Valley Sanitary District, Indio, Riverside County. (the “Project”), RFP

NO. 2023-RFP-013 Title: Bulk Fuel Delivery

The primary objectives of this proposal are to ensure a reliable and consistent supply of bulk fuel. The

District currently obtains a bulk delivery once a month but also may on occasion require additional deliveries on an “as needed” basis. The successful Proposer will be required to maintain safety standards and comply with safety protocols set forth by Valley Sanitary District. The successful Proposer shall comply with not only District regulations but also maintain compliance with all applicable State and

Federal environmental, health, and safety regulations, and minimize disruptions to The District caused by fuel shortages

1.2. Background

The Valley Sanitary District (“VSD”) is in the Coachella Valley about 20 miles southwest of the Palm

Springs airport. VSD is a wastewater district, founded in 1925, operating under the Sanitary District Act of 1923. VSD has over 28,000 service connections in a 19.5 square mile service area serving a population of about 89,000 in the communities of Indio, Coachella, La Quinta, and unincorporated Riverside County.

VSD is governed by a five-member Board of Directors and led by a senior management team comprised of a General Manager, District Engineer, Chief Operations Officer, and Chief Administrative Officer.

1.3. Contact Information

Project Contact:

Holly Gould

Clerk of the Board

45500 Van Buren St.

Indio, CA 92201

Email: hevans@valley-sanitary.org

Phone: (760) 238-5400 Ext: 135

Procurement Contact:

Branden Rodriguez

Administrative Assistant

45500 Van Buren St

Indio, CA 92201

Email: brodriguez@valley-sanitary.org

Phone: (760) 238-5400 mailto:hevans@valley-sanitary.org tel:(760)238-5400;ext=135 mailto:brodriguez@valley-sanitary.org tel:(760)238-5400

Department:

Operations

1.4. Timeline

Release Project Date October 16, 2023

Question Submission Deadline October 27, 2023, 4:00pm

Question Response Deadline October 31, 2023, 4:00pm

Proposal Submission Deadline November 10, 2023, 4:00pm

Authorization to Negotiate Contract November 28, 2023

2. INSTRUCTIONS TO PROPOSERS

2.1. SCOPE OF SERVICES; PROFESSIONAL SERVICES AGREEMENT

The scope of services (“Services”) sought under this RFP are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference.

Notwithstanding the inclusion of such Services in the RFP, the final scope of Services negotiated between VSD and the successful Proposer shall be set forth in the Professional Services Agreement

(“Agreement”) executed by and between VSD and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

2.2. VSD CONTACT

The principal contact for VSD will be Holly Gould, Clerk of the Board, (760) 238-5400 Ext: 135, hevans@valley-sanitary.org or a designated representative, who will coordinate the assistance to be provided by VSD to the Proposer. No other members of VSD’s staff or VSD’s Board should be contacted about this procurement during the RFP process. Any and all inquiries and comments regarding this RFP must be communicated in writing, unless otherwise instructed by VSD. VSD may, in its sole discretion, disqualify any Proposer who engages in any prohibited communications.

2.3. REQUESTS FOR CLARIFICATION

All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to VSD via the District's eProcurement Portal Q&A feature. All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted on

VSD’s eProcurement Portal. Oral statements by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by

4:00 pm local time on Friday, October 27, 2023.

2.4. PROPOSAL REQUIREMENTS

Proposal responses must adhere to the requirements set forth in this section, both for content and sequence. Failure to adhere to these requirements or the inclusion of conditions, limitations or misrepresentations may be cause for rejection of the submittal. Utilize font size large enough to be easily legible, but not smaller than 10 point. The proposal must be submitted via VSD's eProcurement

Portal.

A. Cover Letter. Provide a cover letter and introduction, including the name and address of the organization and individual submitting the proposal, together with the name, address, telephone and fax numbers, and e-mail address of the contact person who will be authorized to represent the organization, and an expression of the Proposer’s ability and desire to meet the requirements of this

RFP. The letter must be signed by an individual authorized to bind the firm contractually.

B. Proposer Statement Of Qualifications. Describe the Proposer’s resources, experience, and capabilities as they relate to providing the Services. Submit in the order identified below:

1. Executive Summary. An executive summary should briefly describe the Proposer’s qualifications https://procurement.opengov.com/portal/valley-sanitary and ability to perform the Services.

2. Qualifications and Experience. The proposal should:

a. Provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

b. Any key staff members who would be involved in the performance of the scope of work. Provide their resumes, describe their experience, and identify their proposed role for the Project.

c. State the number of years the firm has conducted business.

d. Provide a description of the three most relevant contracts held within the last five years.

3. Evidence Of California Licensing. The proposal should include appropriate documentation showing the Proposer is properly licensed in the State of California to perform the Services requested in the scope of work.

4. References. The Proposer shall provide a minimum of four (4) client references, preferably city, county, or special district governments for whom the Proposer has previously performed services of similar type and scope within the last 5 years.

5. Subcontractors. The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function, if known at this time.

C. Proposed Method to Accomplish the Work. Describe the technical and management approach to providing the Services to VSD. Proposer should take into account the scope of the Project, goals of

VSD, and general functions required. Include a draft schedule of tasks, milestones, and deliverables that will provide for timely provision of the Project. In reviewing the scope of work, the Proposer may identify additional necessary tasks and is invited to bring these to VSD’s attention within the discussion of its proposed method to accomplish the Project.

D. Certification of Proposal. This section shall state: “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to VSD in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

E. Sealed Fee Proposal. Please provide a lump sum, not-to-exceed fee proposal for the Project. The fee proposal shall be broken down by task and further broken down by staff, subconsultant costs, and expenses for each task. The fee proposal shall include hourly rates for all personnel.

2.5. PROPOSAL CONSIDERATIONS

A. No Deviations from the RFP. In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement attached hereto as

Exhibit “B”. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed

Agreement and, in particular, the insurance and indemnification provisions therein.

B. Collusion. By submitting a Proposal, each Proposer represents and warrants that its Proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly or indirectly induced or solicited any other person to submit a sham Proposal, or any other person to refrain from submitting a Proposal; and that the Proposer has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a Proposal.

C. Conflicts of Interest. Proposers shall comply with all regulations and laws dealing with conflict of interest disclosure and reporting. Proposers shall not be engaged if a conflict of interest exists.

D. Withdrawal of Proposals. A Proposer may withdraw its proposal before the expiration of the time for submission of proposals by notifying and requesting VSD’s representative remove the Proposer’s submission.

E. Financial Health and Reputation. VSD reserves the right to consider the financial responsibility and general complexity of each Proposer, as well as its reputation within the industry to determine if the

Proposer has the apparent ability to meet and complete successfully the requirements of the work.

Upon request, the Proposer shall provide a financial statement, audited if necessary, in addition to any other information requested by VSD.

F. Confidentiality of Proposal. Proposals submitted in response to this RFP shall be held confidential by

VSD and shall not be subject to disclosure under the California Public Records Act (Cal. Government

Code section 6250 et seq.) until after either VSD and the successful Proposer have completed negotiations and entered into an Agreement or VSD has rejected all proposals. All correspondence with

VSD including responses to this RFP will become the exclusive property of VSD and will become public records under the California Public Records Act. VSD will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement. If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), VSD will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give VSD written notice of Proposer's objection to VSD's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless VSD, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.

2.6. EVALUATION CRITERIA

The proposal evaluation criteria include:

• Understanding of project and project approach

• Scope of work and schedule

• Relevant qualifications/experience

• Overall quality of proposal

• Cost evaluation

During the evaluation process, VSD reserves the right, where it may serve VSD's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

Proposers may be invited to make an oral presentation.

The contract, if awarded, shall be to the most qualified Proposer, which submits the proposal that, in the sole judgment of VSD, is in the best interest of VSD.

Upon selection of a Proposer, VSD will endeavor to negotiate a mutually agreeable agreement with the selected Proposer. In the event that VSD is unable to reach agreement, VSD will proceed, at its sole discretion, to negotiate with the next Proposer selected by VSD. VSD reserves the right to contract for services in the manner that most benefits VSD including awarding more than one (1) contract if desired.

After negotiating a proposed Agreement that is fair and reasonable, VSD staff will make the final recommendation to VSD Board concerning the proposed Agreement. VSD Board has the final authority to approve or reject the Agreement.

2.7. SUBMITTAL INSTRUCTIONS

The proposal must be received no later than 4:00 pm local time, on or before Friday, November 10, 2023 via VSD's eProcurement Portal.

VSD will not be responsible for proposals that are delinquent, incorrectly submitted, or physically submitted to VSD. Proposals submitted after the stipulated deadline will not be accepted by VSD's eProcurement Portal. Please note that mailed, hand-delivered, faxed, or emailed proposals will not be accepted.

2.8. PROTESTS

A. Protest Contents. Protests based on the content of the RFP shall be submitted to VSD no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with VSD policy or this RFP is not in compliance with law. A protest must be filed in writing with VSD (email is not acceptable) within five (5) business days after receipt of notification of the intended contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the intended contract award will be rejected by

VSD as invalid and the Proposer’s failure to timely file a protest will waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

B. VSD Review. VSD will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. VSD shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by VSD relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

2.9. ADDENDA

VSD reserves the right to revise the RFP prior to the time set to receive proposals. Revisions, if any, shall be made by written addenda via VSD's eProcurement Portal. All addenda issued by VSD shall be included in the proposal and made part of the RFP. Each Proposer shall leave with VSD its name, and e-mail address for the purpose of receiving Addenda. Notices of addenda will be sent to all subscribed bidders following this project, and posted via VSD's eProcurement Portal. Proposers are responsible for ensuring that they have received any and all addenda. Each Proposer should monitor the project via the eProcurement Portal to verify that it has received all addenda issued, if any, prior to the bid opening.

Failure to acknowledge receipt of all addenda via VSD's eProcurement Portal may result in bid rejection.

2.10. GENERAL CONDITIONS

A. Amendments to Proposals. Unless specifically requested by VSD, no amendment, addendum or modification will be accepted after a proposal has been submitted to VSD. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted via VSD's eProcurement Portal prior to the deadline stated herein for receiving proposals.

B. Non-Responsive Proposals. A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

C. Costs for Preparing. VSD will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of VSD. VSD will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

D. Cancellation. VSD reserves the right to cancel this request for proposals at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other associated marketing costs.

E. Price Validity. Prices provided by Proposers are valid for 90 days from the proposal due date. VSD intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

F. No Commitment to Award. Issuance of request for proposals and receipt of proposals does not commit VSD to award a contract. VSD expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received, to negotiate with more than one Proposer concurrently, or to cancel all or part of this request for proposals.

G. Right to Negotiate and/or Reject Proposals. VSD reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of VSD, such action shall serve its best interests and those of the tax-paying public. The Agreement, if any is awarded, will go to the

Proposer whose proposal best meets VSD’s requirements.

3. Evaluation Phases

During the evaluation process, VSD reserves the right, where it may serve VSD's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

Proposers may be invited to make an oral presentation.

The contract, if awarded, shall be to the most qualified Proposer, which submits the proposal that, in the sole judgment of VSD, is in the best interest of VSD.

Upon selection of a Proposer, VSD will endeavor to negotiate a mutually agreeable agreement with the selected Proposer. In the event that VSD is unable to reach agreement, VSD will proceed, at its sole discretion, to negotiate with the next Proposer selected by VSD. VSD reserves the right to contract for services in the manner that most benefits VSD including awarding more than one (1) contract if desired.

After negotiating a proposed Agreement that is fair and reasonable, VSD staff will make the final recommendation to VSD Board concerning the proposed Agreement. VSD Board has the final authority to approve or reject the Agreement.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Understanding of Project and Project

Approach N/A N/A

2. Scope of Work and Schedule N/A N/A

3. Relevant Qualifications/Experience N/A N/A

4. Overall Quality of Proposal N/A N/A

5. Cost Evaluation N/A N/A

4. Scope of Work

4.1. Bulk Fuel Delivery Scope of Work

This Scope of Work (SOW) will outline the requirements for bulk fuel delivery to Valley Sanitary

District. The project involves the safe and timely delivery of bulk quantities of fuel to Valley Sanitary

District (Indio, CA) as per the terms and conditions outlined herein.

Project Objectives: The primary objectives of this project are as follows:

A) To ensure a reliable and consistent supply of bulk fuel. The District currently obtains a bulk delivery once a month but also may on occasion require additional deliveries on an “as needed” basis

B) Vendor will be required to maintain safety standards and comply with safety protocols set forth by

Valley Sanitary District

C) Vendor shall comply with not only District regulations but also maintain compliance with all applicable State and Federal environmental, health, and safety regulations.

D) Minimize disruptions to The District caused by fuel shortages

Deliverables: Timely and accurate delivery of the following types of fuel utilized by The District.

A) Octane 87 unleaded (1000 gallon tank)

B) Clear Diesel (1000 gallon tank)

C) Red Diesel (Caterpillar Generators)

Vendor is to have an established emergency response plan in place in the event of a spill or other incident

Equipment and Personnel:

A) Supply a physical description of delivery vehicle and equipment to be used during the offloading of fuel

B) Supply the qualifications and or certifications of delivery personnel

C) Supply contact information of the individual that is responsible for scheduling and dispatching fuel delivery

D) Have an open method of communicating any changes or deviations of the delivery schedule

Quality Assurance:

A) Vendor should have testing procedures in place to in place to ensure the quality of products being delivered

B) Vendor should have procedures in place for mitigating and documenting fuel quality issues

This Scope of Work is intended to serve as a comprehensive guide for the delivery of bulk fuels to Valley

Sanitary District. It will be used to ensure that the project proceeds smoothly, safely, and in compliance with all relevant regulations and standards.

5. Pricing Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Octane 87 Unleaded 1 gallon

2 Clear Diesel 1 gallon

3 Red Diesel 1 gallon

TOTAL

6. Vendor Questionnaire

6.1. Submit Proposal Document Here*

PDF Attachment

*Response required

6.2. Have you read and agreed to all Terms and Conditions?*

☐ Yes

☐ No

*Response required