20-0129RR Bulk Fuel at M-4 RFQ Contract - Final~1.pdf

RFQ # 20-0129RR / E-85 Bulk Fuel for M-04 Page 1

R E Q U E S T F O R Q U O T E

RFQ # 20-0129RR / E-85 Bulk Fuel for Maintenance Site #4 (M-04)

BIDBUY BID #21-557THA-PROCU-B-20178

*Quotes must be submitted no later than as published on the Bid in BidBuy

AGENCY: Illinois Tollway ADDRESS: 2700 Ogden Avenue CITY: Downers Grove, Illinois 60515 CONTACT: Julia Shaw, Contract Analyst PHONE: 630-241-6800 ext. 4670

FAX: 630-795-7908

EMAIL: jshaw@getipass.com

Specifications and Requirements

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. SUPPLIES AND/OR SERVICES REQUIRED: The Illinois Tollway is seeking a vendor to furnish and deliver bulk fuel grade E-85 for the Tollway’s Maintenance Site #4 (“M-04”) located in Gurnee, Il.

1.1.1. The Vendor shall deliver the E-85 fuel grade as required and directed by the Tollway. Deliveries shall be made by pump tank truck. Above-ground tanks are 2,500 gallon capacity with typical loads ranging from 1,500 to 2,000 gallons and require a pump tank truck.

Unless stated otherwise, the fuel being provided shall meet or exceed current American Society for Testing and Materials (ASTM) standards for gasoline, ethanol, and diesel fuel. Fuel shall also meet Illinois Pollution Control Regulations, Chapter 2, parts 1, 2, and 3 (http://www.ipcb.state.il.us.il.us) .

1.1.2. Toxic Substances Disclosure: It is a condition of this bid, and/or any resulting contracts and/or order, that the Vendor is required to furnish a Materials Safety Data Sheet (MSDS) for each toxic substance awarded upon request of the Tollway. Such sheets shall accompany each shipment or shall be forwarded under separate cover at time of shipment to the Tollway. The submission of a MSDS is required by the Illinois Toxic Substances Disclosure to Employees Act (820 ILCS 255/9).

1.1.3. Testing: Fuel may be tested by the Tollway at any time during the contract period. The Tollway reserves the right to have an independent testing laboratory analysis conducted of any product. If following such testing, any product is found to be non-compliant with specifications outlined herein, the Vendor shall be required to remove and replace the non-compliant fuel within 24 hours of notification from the mailto:jshaw@getipass.com http://www.ipcb.state.il.us.il.us/

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Tollway. The Vendor shall be responsible for all costs incurred by the Tollway as a result of delivery of non-compliant fuel including but not limited to: testing costs, removal of non-compliant fuel, reimbursement for additional costs of obtaining substitute fuel from another source, and payment of any damages from use of non-compliant fuel in Tollway equipment. If the fuel is found compliant, the Tollway shall pay for the cost of the test.

1.1.4. Quantities: It shall be expressly understood by the bidder that the estimated bid quantities specified in the contract documents are for the purpose of determining the lowest bid and to establish unit prices.

The Tollway may, over the term of the Contract, place orders for more or fewer than the estimated quantities stated. The Tollway does not guarantee that any minimum number of quantities shall be ordered from the Vendor. Materials furnished under this contract shall be delivered in multiple deliveries as determined by the needs of the Illinois Tollway. The estimated quantities of this contract shall be based on a period of two (2) years; prices shall remain firm for the term of the contract. The decision to pre-order and hold any inventory rests solely with the Vendor.

1.1.5. Protection of Property: The Vendor shall conduct fuel deliveries so as not to interfere with or hinder the daily activity at the fuel site. In the event the Vendor or its subcontractor damages existing property, the Vendor is solely responsible for any expenses to make the necessary repairs and to bring back the damaged property to the original condition (or better) as approved by the Tollway. The Vendor shall provide a detailed plan including a schedule for repairing all damaged property and submit for Tollway approval. Any scope of repair work that could impact personnel, site, or fueling operations or property shall be scheduled at the discretion of the Tollway. The Vendor shall be responsible for filing all reports, acquiring all permits, and inspections at their expense. The Vendor(s) performing the repairs shall be approved by the Tollway and by all affected regulatory agencies for the work being performed. If the Vendor is not able to complete the repairs in a timely manner that is acceptable by the Tollway, the Tollway may complete the repairs at the Vendor’s expense. Payment to the Tollway or its contractor for any damage repair expense shall be made within 30 days of receipt of a Tollway invoice.

1.1.6. Insurance: The Vendor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Vendor, his/her agents, representatives, employees or subcontractors. Work shall not commence until insurance required by this section has been obtained, and documentation has been submitted to and accepted by the Illinois Tollway. The insurance companies providing coverage shall be rated by A.M. Best Company with a Financial Strength Rating of A- or better and a financial size category of not less than VII. Insurance coverage shall not limit Vendor’s obligation to indemnify, defend or settle any claims.

A. Minimum Scope of Insurance Coverage shall be at least as broad as:

1. Commercial General Liability coverage on an unmodified, Insurance Service Office

“Occurrence” form, current edition or an alternative form providing equivalent protection.

2. Automobile Liability on an unmodified, Insurance Service Office form, current edition or an alternative form providing equivalent protection.

3. Workers Compensation insurance as required by the State of Illinois and including Employers’ Liability.

B. Minimum Limits of Insurance Contractor or vendor shall maintain no less than:

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1. Commercial General Liability: limits of liability of not less than $1,000,000 each occurrence for bodily injury, personal injury, and property damage and $2,000,000 general aggregate, and $2,000,000 products/completed operations aggregate.

2. Automobile Liability: limit of liability of not less than $1,000,000 combined single limit per accident for bodily injury and property damage each accident.

3. Workers Compensation and Employers’ Liability: Workers Compensation providing statutory benefits, and Employers’ Liability of not less than $1,000,000 each accident, $1,000,000 disease each employee, and $1,000,000 disease policy limit, including voluntary compensation.

The Illinois State Toll Highway Authority together with its officials, directors, and employees, shall be named “Additional Insured” as part of the commercial general liability and automobile liability coverage. The automobile liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Vendor pursuant to the contract. These policies shall be primary for the Additional Insured and not contributing with any other insurance or similar protection available to the Additional Insured, whether said other coverage be primary, contributing or excess. Policies shall contain a waiver of subrogation waiving any rights of recovery that the insurer(s) may have against the Illinois Tollway and its officials, directors, and employees.

All deductibles or self-insured retentions must be declared and accepted by the Illinois Tollway. Proof of insurance shall include copies of the applicable “additional insured” endorsements for the review of and approval by the Illinois Tollway. Any failure by the Illinois Tollway to request proof of insurance will not waive the requirement for procuring and maintaining the minimum insurance coverages specified.

1.2. MILESTONES AND DELIVERABLES: Vendor shall submit itemized invoices within fifteen (15) days of each delivery to the Tollway. Invoices shall be marked to the attention of the Contract Invoice Administrator and delivered to the Illinois Tollway, P.O. Box 3094, in Lisle, IL 60532 or FinanceInvoices@getipass.com.

1.3. VENDOR/STAFF SPECIFICATIONS: The successful Vendor shall be responsible for:

1.3.1. Verifying the fuel type and tank levels before dispensing fuel into any tank.

1.3.2. Ensuring the delivery driver has all necessary licenses and certifications needed to deliver bulk fuel.

1.3.3. The delivery and the delivery drivers’ actions. The delivery driver shall remain with the truck and perform and oversee the fuel delivery from beginning to end.

1.3.4. All actions of the driver while at a Tollway Location.

1.3.5. Clean-up of any fuel spills during the delivery or tank-filling process.

1.4. TRANSPORTATION AND DELIVERY: Delivery shall be Freight on Board (FOB) destination to the Tollway’s M-04 location in Gurnee, IL. This facility does not have a postal address, however the nearest intersection is located at Grand Ave. and I-294. Please use the following directions:

Access from northbound I-294 (which becomes westbound I-94) to westbound Grand Avenue (Illinois Route 132). Facility entrance is on the Grand Avenue ramp, to the left.

Access from southbound I-94 to eastbound Grand Avenue (Illinois Route 132) to northbound I-294 (which becomes westbound I-94) to westbound Grand Avenue (Illinois Route 132). Facility entrance is on the Grand Avenue ramp, to the left.

mailto:ProInvoices@getipass.com

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Materials furnished under this contract shall be delivered in multiple deliveries as determined by the needs of the Tollway.

If a discrepancy greater than 1% exists between the actual stick measurement and the number of gallons shown to be delivered, the Tollway reserves the right to reject the invoice until the discrepancy is resolved.

1.4.1. Weekday/Normal Deliveries:

The Vendor shall supply the Tollway with a telephone number available for order placement during the periods of Monday through Friday, 8:00 a.m. to 4:00 p.m. All deliveries shall be made within twenty-four (24) hours of receipt of an order, between the hours of 7:30 a.m.

and 2:00 p.m., Monday through Friday, except on State and National Holidays, or unless otherwise directed by the Tollway.

1.4.2. Off-Hour/Weekend/Emergency Deliveries:

The Tollway may, during the winter months, require off-hour, weekend, holiday, emergency or smaller fuel deliveries. These deliveries are typically rare; however, the Vendor shall be required to submit emergency contact phone numbers in the event a delivery is required after 4:00 p.m. during the week, or on weekends, or holidays. Off-hour, weekend, holiday, or smaller orders shall be delivered within 24 hours. Emergency fuel orders shall be delivered within eight (8) hours of the order placement.

1.4.3. If the Vendor is unavailable or unable to make any delivery based on the schedules listed herein, the Tollway may obtain fuel from another source/supplier. If this occurs, the Vendor shall be responsible for one or both of the following:

• Reimbursing the Tollway for any additional costs incurred by obtaining fuel from other sources, or

• Promptly paying the other source/supplier for all fuel and expenses. The Vendor shall then bill the Tollway at the contract pricing for the fuel delivered by the other supplier.

1.4.4. Delivery tankers and all associated equipment shall comply with current United States Environmental Protection Agency (E.P.A.) Environmental Guidelines (https://www.epa.gov/laws-regulations) and Department of Transportation (D.O.T.)

regulations (http://www.idot.illinois.gov/ ). A delivery ticket with the location and date of the fuel delivery shall be provided at the time the fuel is delivered by the driver, and shall be signed by an authorized Tollway employee. The delivery ticket shall be attached to the billing invoice. A copy of the bill of lading shall also accompany each delivery.

2. TERM AND TERMINATION

2.1 TERM OF THIS CONTRACT: The estimated duration of this contract shall be for the period of two (2) years from April 15,2021 through April 14, 2023. Unless otherwise specified, this Contract shall commence upon the last dated signature of the Parties.

2.2 RENEWAL: This Contract may not be renewed unless the renewal period(s) and any applicable conditions are shown below. The renewal shall be subject to the same terms and conditions as the original Contract unless https://www.epa.gov/laws-regulations http://www.idot.illinois.gov/

RFQ # 20-0129RR / E-85 Bulk Fuel for M-04 Page 5 otherwise stated below. Renewal pricing is shown below. However, the Contract may not renew automatically, nor may the contract renew solely at the Vendor’s option.

This Contract does not contain any renewal options and therefore cannot be renewed.

2.3 TERMINATION FOR CAUSE: The State may terminate this Contract, in whole or in part, immediately upon notice to the Vendor if it is determined that the actions, or failure to act, of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause jeopardy to health, safety, or property. The Contract may be terminated if the State determines that the Vendor lacks the financial resources to perform under the Contract. If Vendor fails to perform to the State’s satisfaction any material requirement of this Contract or is in violation of a material provision of this Contract, the State shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the State’s written notice. If the breach or noncompliance is not remedied by that date the State may either:

a. immediately terminate the Contract without additional written notice or

b. enforce the terms and conditions of the Contract, and in either event seek any available legal or equitable remedies and damages.

2.4 TERMINATION FOR CONVENIENCE: Following thirty (30) days written notice, the State may terminate this Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Vendor. Following any such termination for convenience, the Vendor shall be entitled to compensation upon submission of invoices and proof of claim for services provided under this Contract up to and including the date of termination.

This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason. 30 ILCS 500/20-60.

The Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this contract up to and including the date of termination.

3. STANDARD TERMS AND CONDITIONS

3.1 CONTRACT DOCUMENTS: Upon award, vendors will be required to complete a contract along with applicable forms and disclosures. The required forms are as follows, and are not required at the time of bid submission.

They may be located on the CPO’s website at:

https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx

FORMS A

Complete this section if you are not using an Illinois Procurement Gateway (IPG) Registration #

OR

FORMS B

Complete this section only if you are using an IPG Registration # https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx

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3.2 INVOICING INFORMATION

Vendor(s) are required to attest to the standards set forth in this contract and must include the following statement on every one of their invoices delivered to the Tollway pursuant to statute 605 ILCS 10/16.1.

This statement must be imprinted on the invoice or an attachment attesting to the following statement:

INVOICE#_____________ INVOICE DATE_____________

“The Seller, _______________________________ hereby certifies that the goods, merchandise and wares shipped in accordance with the attached delivery invoice have met all the required standards set forth in the purchasing contract”.

Authorized Representative

If the Vendor does not comply with attesting to the statute 605 ILCS 10/16.1 this will cause delay in payment.

All invoices must include original order date to ensure accurate and timely payment processing.

Invoices shall be sent to the following address:

Illinois Tollway

Attention: Procurement P.O. Box 3094

Lisle, Illinois 60532-8094 Email: FinanceInvoices@getipass.com mailto:ProInvoices@getipass.com

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Pricing

*Notes to Vendor: All Quoted prices shall be valid for 180 days from date of submission.

No price increases shall be accepted.

In the event of a price decrease, the Tollway is guaranteed to receive the lowest price.

If the Tollway issues an award, the award will be made to the Responsive/Responsible bidder who submits the lowest price.

METHOD AND RATE OF COMPENSATION: Vendor shall be compensated by the following method:

2.1.1 Pricing shall be submitted in the following format: Bidders shall complete the Price Table in Exhibit 1 and shall use the following pricing format to complete the Price Table:

Bidders shall provide a plus (+) or minus (-) bid differential on Exhibit 1 for the line item bid (Excel version posted separately for download). This bid differential shall be applied to each gallon of fuel purchased. The bidder shall be reimbursed the cost of the fuel using the Data Transmission Network (DTN) Energy FastRacks’ lowest posted price of the product delivered on the day the fuel is delivered. Final amount awarded shall include the low bidder’s bid differential and an estimated dollar amount for the gallons of fuel noted in the pricing table for the line item. The fuel amounts for the fueling site noted in the pricing are estimated for the two year contract term and the Tollway may purchase more or less than the amounts indicated. All applicable taxes shall be added to the invoice amount, the figure quoted as the bid differential shall take into account all costs to deliver the product to the destination and shall remain firm for the duration of the contract period.

Unless specified by the Tollway, deliveries for above-ground tanks shall be a minimum quantity of 1,500 gallons. If the Tollway orders less than any stated minimum delivery above, short load charges, if any, shall not exceed the quoted bid differential per gallon for the difference between the stated minimum quantity and the amount actually delivered.

2.1.2 Price information shall be taken from the (DTN) Energy FastRacks. Rack prices shall be Chicago area quotations (unless market prices are not available, in which case other adjacent market prices shall be used or as specified). Prices shall be referenced before prompt payment discount. Prices presented shall be posted prices by Refiners/Operators in the market area.

If no postings are available for E-85 from Chicago area terminals, the Tollway shall use the Rockford low-posted price for clear gasoline and the Rockford low-posted price for ethanol to compute the price based on the percentage (%) blend of gasoline and ethanol.

In the event that DTN discontinues publishing price information during the contract period, the Tollway reserves the right to choose at its discretion an alternate industry publication to obtain market prices. Vendor shall agree to accept the posted prices in the alternate industry publication or the alternate market area posting.

The Bidder is required to complete Exhibit 1, Price Table, using the Excel version spreadsheet attached. If bidding electronically, the Bidder shall attach this spreadsheet with their response (also in Excel spreadsheet) in the “Attachments” tab.

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IPG Registration Number: Expiration Date:

COMPANY NAME:

PRICE(S) QUOTED BY:

DATE:

SIGNATURE: