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1b. Approve Joint Fuel Purchase Agreement with MnDOT CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227,1110 Building Inspections Phone: 952.227,1180 Fax: 952,227,1190 Engineering Phone: 952,227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227,1110 Park & Recreation Phone: 952.227.1120 Fax: 952,227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952.227.1310 Senior Center Phone: 952,227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 1.h - MEMORANDUM TO: Todd Gerhardt, City Manager ()~ Paul Oehme, Director of Public Works/City Engineer4 '\)~ FROM: DA TE: November 24, 2008 SUBJ: Approve Joint Fuel Purchase Agreement with MnDOT PROPOSED MOTION "The City Council approves the attached contract agreement with MnDOT for 2009 Joint Fuel Purchase." City Council approval requires a simple majority vote of the City Council present. BACKGROUND As you are aware, this past year fuel prices fluctuated widely and impacted the 2008 fuel budget. Because of the high fuel prices this summer, staff has explored opportunities to reduce the fluctuation in fuel costs next year. Recently, we have seen a significant drop in the price of oil, which should translate into lower fuel prices for the rest of the year. However, this trend could easily reverse itself due to many uncontrollable events. Staff has been working with MnDOT and several cities and counties on a joint powers fuel purchase option that could lock in fuel prices for 2009. The City of Chanhassen alone would not have good leverage to lock in a competitive fuel contract since our fuel consumption is relatively small. Many larger cities, such as Minneapolis and St. Paul, and MnDOT currently go out for bids to lock in fuel purchases for the upcoming year. By locking in the prices with these large users, the City of Chanhassen would be able to budget and eliminate significant fluctuations of the market and not have to deal with potential overruns at the end of the year. Cities and counties will have the opportunity to purchase all or a portion of their fuel through this contract. It is estimated that this contract could be as large as 5.8 million gallons of unleaded and diesel fuel with as many as 30 agencies participating. DISCUSSION Staff is requesting participation in this State contract with half of our annual estimated unleaded and diesel fuel needs. This approach will give the City some Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt Joint Fuel Purchase Agreement November 24,2008 flexibility if prices continue to decrease due to market fluctuation, however unlikely. Also, by locking in half of our fuel needs with the fixed price program we will still have the ability to purchase fuel in the open market from local suppliers or use the spot price program in the State contract, whichever is more cost effective at that time. The State is planning to go out for bids on the fuel purchase contract in early December so staff does not know the contract fuel prices. By approving this agreement, the City will be required to purchase the specified fuel amount at the contract price. If bid prices come in higher than expected, the State may not accept the bids and the City would purchase fuel as it has in the past by obtaining quotes from local suppliers. Attachments: State Contract Fuel Order Form g:\eng\budget & cip\blldget\09\bkgd 112408 apprv mndot joint fuel purchase agrmnt.doc DATE: OCTOBER 28, 2008 TO: 2009 FUEL CONSORTIUM MEMBERS RE: FUEL CONSORTIUM PURCHASE PROGRAM FOR STATE OF MINNESOTA AGENCIES AND COOPERATIVE PURCHASING VENTURE MEMBERS JACKIE FINGER - STATE OF MINNESOTA ACQUISITION MANAGEMENT SPECIALIST FROM: The State of Minnesota is preparing a solicitation for bulk purchases of diesel and gasoline products. The purchase program will be based on two price strategies: 1. Fixed Price Program - This will require a participating agency or entity to be: . Located primarily in the seven county metropolitan area unless otherwise approved, to agree and comply with the terms and conditions of the Contract, to be able to take either gasoline or diesel fuel in the required product type and as delivered by the Contract Vendor in quantities of at least 500 gallons per delivery, to commit to a specific amount of the fuel for a monthly delivery, to take 100 percent of the committed monthly amount at a fixed price contracted on its behalf. . . . . 2. Spot Price Program - This price program may be used by any participating agency/entity, on an as needed basis, and will require a participating agency/entity to be: · Located within the borders of Minnesota, · to agree and comply with the terms and conditions of the Contract, · to place orders directly with the Contract Vendor for its requested amount and product type, · will pay the Contract Vendor the amount based on the Spot Price formula contracted which is the Daily Rack Average Price plus the Contract Vendor's Total Bid Constant (profit/overhead/delivery cost) per gallon delivered. * NOTE: Your agency must be a current member of Cooperative Purchasing Venture (CPV) in order to participate in the Fuel Consortium Program. If you are not a current CPV Member and want to join the program, please contact Sherry Brown at 651.201.2404. CAREFUllY REVIEW THE FOllOWING INFORMATION!!! Only those agencies that wHILb7ga~~.~ig~.~i8.~.i~tn7~.i~~~.~~i~~i~r.e~ram must complete the fuel questionnaire and return it to my attention 'ii.QrJlal.iJi,!flflin~1fJi>v'emHfthi11el~t'i~e~J!J8. Please be careful to provide accurate information. If YOU are reQuired to obtain approval by your aovernina Board. plan accordinaly. Participation in the Spot Price Proaram does not require quantities to be submitted and may be used on an as needed basis by any State agencies and CPV members if they so choose. If you have any questions, please feel free to contact me by phone at 651.201.2436, by fax at 651.297.3996, or via E-mail (PREFERRED):iackie.finaer~state.mn.us. Thank you. FUEL CONSORTIUM - OVERVIEW FIXED PRICE PROGRAM. The agencies listed on the Fixed Price Schedule are required to take 100% of its monthly quantity listed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. SPOT PRICE PROGRAM. In addition to a fixed price quantity for participants in the metropolitan area, the Contract will also be available to all State agencies and CPV members on a statewide basis to meet their fuel requirements. Purchasers will use the spot prices offered by the Contract Vendor. Quantities for spot price purchases are currently unknown but it is the intention of the Department of Administration to broadcast the availability of the Spot Price Contract to all State agencies and current CPV members. If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due date and time, the State agency or CPV member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. .................................................................................... Only State agencies and CPV Members primarily located in the seven county Metropolitan area may participate in the Fixed Price Program unless otherwise approved. Once final Contracts are executed, the participating agency or entity will be notified of the price and the name of the Contract Vendor. The signature below agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. AGENCY NAME: ADDRESS: CITY OF CHANHASSEN 7700 MARKET BOULEVARD. P.O. BOX 147. CHANHASSEN, MN 55317 CONTACT PERSON: PAUL OEHME PHONE NO.: 952-227-1169 FAX NO.: 952-227-1170 TITLE: DIR. OF PIIRI Tr. 1^'nHK~ E-MAIL: POEHME@CI.CHANHASSEN.MN.US AUTHORIZED SIGNATURE: 2009 FUEL CONSORTIUM PURCHASE PROGRAM PAGE 1 OF 2 FIXED PRICE PROGRAM 2009 MONTHLY Gallons - 500 Gal. Minimum REQUIREMENTS GASOLINE E-85 DIESEL January February 2500 2000 March Put "0" if product April 2300 2100 is not required May for a specific June 2900 2100 month. July August 3000 1900 September October 2100 2100 November December 2400 1900 YEARLY TOTALS: 15200 0 12100 Based on your annual usage above, indicate below the percentage product grade or blend that will be used annually. Unleaded Gasoline 87 89 92 Other Other % of Annual Total 100 Bio Diesel Blends B2 B5 B10 B20 Other % of Annual Total 100 FUEL ADDITIVES USED For information purposes, please indicate any fuel additives that are being used. TYPE "Yes" "No" Brand Name Injector Cleaner Winter Blend yes marathon polar plus Anti Microbial Moisture Inhibitor Other The signature on this form agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. FIXED PRICE PROGRAM Participation in the Fixed Price Fuel Program requires the State agency or CPV Member located in the seven (7) county metropolitan area to take 100% of the quantity pledged on the Fuel Order Form. Participants must have a capacity for taking at least 500 per delivery. PLEASE NOTE: I Agencies should consider the amount of its annual usage it wants to commit to this program. Please note that the State DOT intends to only commit 50% of its estimated annual requirement to the Fixed Price Program. The balance of its requirements will use the Spot Price Program. SPOT PRICE PROGRAM Provide an estimate of the number of gallons of fuel you might purchase from the Contract using the Spot Price Program. There is no commitment implied by providing the estimated usage -- this is for information purposes only. Est. Annual Usage Number of Gallons/500 minimum delivery. Gasoline 15237 E-85 Diesel 12062 Name ISignature Agency Phone # E-Mail Address Date charles siegle city of chanhassen 952-2271300 Fax # 952-227-1310 csieqle@ci.chanhassen.mn.us 10/29/2008 2009 FUEL CONSORTIUM PURCHASE PROGRAM PAGE 2 OF 2 TANK SIZES AND LOCATIONS TANK NO. TANK SIZE ADDRESS Tank 1 6000 Tank 2 10000 Tank 3 Tank 4 Tank 5 Tank 6 Tank 7 Tank 8 Tank 9 Tank 10 Tank 11 Tank 12 Tank 13 Tank 14 Tank 15 Tank 16 Tank 17 Tank 18 Tank 19 Tank 20 PRODUCT TYPE STORED IN TANK (Check one) GASOLINE E-85 DIESEL x x