2027_Bulk_Fuel.pdf

Ada County Highway District

5800 North Meeker Avenue – Boise, ID 83713 Phone (208) 387-6100 - FAX (208) 345-7650

Website: www.achdidaho.org

2027 Bulk Fuel

FL27-04

Contract Documents October 13, 2026

Miranda Gold, President Alexis Pickering, Vice-President Kent Goldthorpe, Commissioner Dave McKinney, Commissioner Patricia Nillson, Commissioner Ryan Head, Director http://www.achdidaho.org/

Ada County Highway District

INVITATION TO BID

FL27-04

2027 Bulk Fuel

I. NOTICE

II. INTRODUCTION

III. INSTRUCTIONS TO BIDDERS

IV. SPECIFICATIONS

V. VENDOR QUESTIONNAIRE

VI. BID SCHEDULE

Attachments:

A - Sample Agreement

NOTICE

Ada County Highway District

Invitation To Bid 2027 Bulk Fuel

FL27-04

Sealed bids for 2027 Bulk Fuel will be received within the Ada County Highway District (ACHD) eProcurement portal located at https://procurement.opengov.com/portal/achdidaho, until 3:00 pm (local time), Wednesday, October 28, 2026, at which time the bids will be publicly opened via Zoom. All proposals must be electronically sealed and submitted via ACHD's eProcurement portal https://procurement.opengov.com/portal/achdidaho. Manual/Paper bids will be deemed non-responsive.

The Invitation to Bid (ITB) seeks competitive bids from qualified firms to provide bulk diesel and unleaded fuel All questions or requests for clarification regarding this Invitation to Bid, including the content and requirements of the Bid and Contract Documents, must be submitted in writing through the "Question and Answer" section of the ACHD eProcurement Portal and no later than 4:30 pm on Wednesday, October 21, 2026. Questions submitted by any other method, including manual delivery or email, will not be accepted, nor will questions be accepted after the designated Question and Answer deadline. Bidders are strongly advised to observe the stated deadline for submitting inquiries. To ensure timely receipt of updates, bidders are encouraged to select “Follow” on this Bid within the eProcurement Portal to receive automated email notifications when responses are posted. Notwithstanding such notifications, it remains the sole responsibility of each bidder to monitor the eProcurement Portal for updates and responses regularly. Any interpretation, clarification, or modification of the ITB that may affect its substance will be issued only in writing in the form of an Addendum and will be made available through the eProcurement Portal. It is the bidder’s responsibility to review and acknowledge all Addenda prior to submitting a Bid. Final Addendum, which will be issued to all registered Bidder Holders no later than 4:30 pm on Thursday, October 22, 2026.

The successful Bidder may be required, upon issuance of the Notice of Award, to furnish supply, material, payment, and performance bonds, each in an amount equal to one hundred percent (100%) of the total Contract value. No such bonds shall be required at the time of bid submission.

ACHD has prepared the Contract Documents, and copies must be obtained from the eProcurement Portal.

ACHD reserves the right to reject all bids or reject any bid not conforming to the intent and purpose of the Contract Documents whenever such action appears to be in the best interest of ACHD. Award of a contract pursuant to this procurement may be delayed, without penalty, for up to sixty (60) calendar days after the date of bid.

Dated Tuesday, October 13, 2026

ADA COUNTY HIGHWAY DISTRICT

Dates of Publication: October 13 and 20, 2026

INTRODUCTION

Summary ACHD is seeking to purchase bulk diesel and unleaded fuel.

Background As written in the Legal Notice, including deadline dates: All questions or requests for clarification regarding this Invitation to Bid, including the content and requirements of the Bid and Contract Documents, must be submitted in https://procurement.opengov.com/portal/achdidaho portalhttps://procurement.opengov.com/portal/achdidaho https://procurement.opengov.com/portal/achdidaho writing through the "Question and Answer" section of the ACHD eProcurement Portal.

Questions submitted by any other method, including phone call, manual delivery or email, will not be accepted, nor will questions be accepted after the designated Question and Answer deadline.

NOTE: Bid Opening Zoom Meeting Link: (The Date and Time is stated in the Legal Notice) Join Zoom Meeting:

BID ZOOM MEETING LINK

Meeting ID: 853 4920 0922 Passcode: 028768

Contact Information Mike Fagerness

Procurement & Contracting Administrator

5800 N Meeker Ave

Boise, ID 83713

Email: mfagerness@achdidaho.org

Phone: (208) 387-6316 Department:

Fleet Services

Timeline

Release Project Date October 13, 2026

Dates of Publication October 13 and 20, 2026

Question Submission Deadline October 21, 2026, 4:30pm

Question Response Deadline October 22, 2026, 4:30pm

Bid Submission Deadline October 28, 2026, 3:00pm

INSTRUCTIONS TO BIDDERS

MULTIPLE DOCUMENTS TO MAKE UP ENTIRE AGREEMENT

Sections 2 through 7 as well as the Notice , taken together, shall make up the entire Agreement between the Ada County Highway District (ACHD) and the successful Bidder. The Bidder should carefully read and understand all these documents. By signing and submitting the proposal in VENDOR QUESTIONNAIRE, the successful bidder does herein agree to abide by the terms and conditions of the entire Agreement.

DOCUMENT INTERPRETATION

All Bidders submitting a Bid shall have thoroughly examined all the content contained in the Invitation To Bid (ITB) Documents. Should there be any doubt as to any meaning or intent of any ITB statement or provision, the Bidder should submit their inquiries in writing as prescribed in the ITB Legal Notice. Any interpretation that may alter or change the ITB Documents will be in writing, in the form of an Addendum, which will be furnished to all https://achdidaho-org.zoom.us/j/85349200922?pwd=dtq8xszPhoE9Sg6Zw9WxR0KcaLRxgM.1 mailto:mfagerness@achdidaho.org tel:(208)387-6316 https://secure.procurenow.com/portal/achdidaho/projects/313231/document?section=2975155 https://secure.procurenow.com/portal/achdidaho/projects/313231/document?section=2975159 bidders receiving the ITB Documents. ACHD will not be responsible for any other explanation or interpretation of the ITB Documents. Bidders shall acknowledge all Addenda on the Submittal Form with their Bid Documents or be deemed non-responsive.

BIDDER UNDERSTANDING

Each Bidder must adequately inspect the ITB Documents and make themselves thoroughly familiar with the content of the ITB Documents. It shall be the Bidder's obligation to verify, to their complete satisfaction, all information contained in the ITB Documents.

The submission of a Bid Document will constitute an incontrovertible representation by the Bidder that they have been given adequate opportunity to be acquainted with the ITB Documents. Further the Bidder has, to their satisfaction, resolved any questions regarding any perceived conflicts, ambiguities, errors, and discrepancies contained within the ITB Documents.

PREPARATION OF BID

Bidders must provide all information in the form and in the format required in the ITB Documents, and submit their Bid Document by the date and time specified. If samples or supporting documentation is required, such documentation must be submitted with the Bid Document. If Addenda have been issued concerning the solicitation, Bidders must acknowledge all Addenda as instructed. Failure to acknowledge all Addenda as instructed will be a basis for rejecting the submission as non-responsive.

Bidders shall sign their Bid Document in the space(s) provided therefore. If the Bidder is a corporation, the legal name of the corporation shall be entered together with the original signature of an agent authorized to sign contracts on behalf of the corporation. If the Bidder is a partnership, the true name of the firm shall be entered together with the original signature of the partner(s) authorized to sign contracts on behalf of the partnership

All blank spaces in the Bid Document must be filled in, preferably in black ink or typewritten.

No changes may be made in the phraseology of the forms nor may the Bidder add any phraseology conditioning the acceptance of the award. In case of a discrepancy between unit and total prices, unit prices shall govern.

A Bid Document may be deemed unresponsive if it contains omissions, erasures, alterations, or additions of any kind not initialed by the Bidder signatory; or items which fail to conform to the conditions of the ITB Documents.

COMPLIANCE

The proposal submitted must comply with the Specifications and the General Terms and Conditions included herein, and any addendum issued. Failure to comply will result in rejection of the bid as void and non-responsive.

BID SUBMITTAL

Sealed bids will be received for 2027 Bulk Fuel through the Ada County Highway District’s eProcurement Portal located at https://procurement.opengov.com/portal/achdidaho The Ada County Highway District's (ACHD) e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times.

Bid Document Responses will not be accepted after the submission deadline regardless of any technical difficulties, such as internet connectivity issues. Submissions will not be considered, even if attempted within the final thirty (30) minutes, nor will exceptions be made for calls made to procurement close to the deadline. The Ada County Highway District strongly recommends that all respondents complete and submit bid document response well in advance of the specified deadline.

Respondents are solely responsible for ensuring that their bid document response are timely https://procurement.opengov.com/portal/achdidaho submitted to ACHD via the eProcurement Portal.

ACHD assumes no responsibility for any failures of computer systems or equipment that may result in partial or incomplete submissions, nor for failure to meet the required deadline as outlined in the solicitation.

Should any technical issues arise during the submission of the bid document response within OpenGov (ACHD e-Procurement Portal), please utilize the "chat" feature of the "contact us" section under OpenGov Support for assistance.

Neither OpenGov nor ACHD guarantees uninterrupted access to the OpenGov website or error-free services. Furthermore, neither party will be held liable for any inadvertent disclosure of repository information or unauthorized access by third parties.

"Disruption to electronic communications" or "service loss" refers to unplanned events that significantly hinder or entirely prevent the normal functionality of electronic communications systems, such as cyberattacks, intentional disruptions (e.g., government shutdowns), power outages, or natural disasters. It does not apply to other technical issues, including operator errors or internet connectivity problems.

In the event of a disruption to electronic communications or service loss by OpenGov within four (4) hours of submission deadline, ACHD will investigate the reported incident in coordination with OpenGov. If the disruption is confirmed, ACHD will work to provide the best possible resolution to ensure respondents have the opportunity to submit their responses.

ACHD will notify all affected parties via email through OpenGov regarding any incidents and the resolutions.

BID FORMS

Bidders must provide all information required in the Bid and submit the Bid by the date and time specified. If supporting documentation is required, such documentation must be submitted with the response to this solicitation. If addenda have been issued in relation to the solicitation, bidders must acknowledge all addenda. Failure to submit these required documents will be a basis for rejecting the submission as non-responsive.

The bidder shall sign the bid in the space(s) provided therefore. If the bidder is a corporation, the legal name of the corporation shall be entered together with the original signature of an agent authorized to sign contracts on behalf of the corporation. If the bidder is a partnership, the true name of the firm shall be entered together with the original signature of the partner(s) authorized to sign contracts on behalf of the partnership.

All blank spaces in the bid form must be filled in, preferably in black ink or typewritten. No changes may be made in the phraseology of the forms nor may the bidder add any phraseology conditioning the acceptance of the award. In case of a discrepancy between unit and total prices, unit prices shall govern.

A bid will be deemed unresponsive if it contains omissions, erasures, or alterations not initialed by the bidder signatory, additions of any kind, prices not called for, prices which are obviously unbalanced, or items which fail to conform to the conditions of the Invitation To Bid.

INTERPRETATIONS OF QUANTITIES IN BID SCHEDULE

The quantities appearing in the bid schedule are approximate and are prepared for the comparison of bids. The scheduled quantities may be increased, decreased, or omitted. ACHD retains the right to place multiple orders throughout the duration of the agreement.

Furthermore, ACHD may elect to extend the duration of the agreement.

BID OPENING

Bids will be opened at the date, time, and place specified in the Introduction. No person will be denied the right to be present during the bid opening process. Bids may be received up to https://secure.procurenow.com/portal/achdidaho/projects/313231/document?section=undefined but not later than Wednesday, October 28, 2026 at 3:00 pm via the Ada County Highway District’s eProcurement Portal located at https://secure.procurenow.com/portal/achdidaho.

The Ada County Highway District’s e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, bids will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The Ada County Highway District strongly recommends completing your response well ahead of the deadline.

ELECTRONIC OR WRITTEN MODIFICATION OF PROPOSAL

In all instances, a Bidder may modify their Bid at any time prior to the scheduled closing date and time for the receipt of bids through the eProcurement portal.

In all instances, Bid modifications that are not submitted as required herein or that contain irregularities that make the Bid incomplete, indefinite, or ambiguous will be rejected.

WITHDRAWAL OF BID

Any bid may be withdrawn prior to the scheduled date and time set for bid opening by clicking un-submit within the e-procurement portal by the bidder or their authorized agent. No bid may be withdrawn after the date and/or time set for the bid opening.

BID SECURITY

If Bid Security is required, bids must be accompanied by an original certified check, cashier's check, or a bid bond (collectively referred to hereafter as “Bid Security”) issued by a surety authorized to issue such bonds in the State of Idaho, in the amount of ten percent (10%) of the total amount of the bid submitted. PDF versions will be acceptable for Bid Submittals. Original checks will be required to be physically delivered to ACHD within 48 hours of the submission deadline.

Special Note: Bid Security: If required by this solicitation, each bid shall be accompanied by the bid security specified in the solicitation documents. If Bid security is required, it will be listed under the "Vendor Questionnaire" section. If the Bid Security is not being requested under the Vendor Questionnaire Section, then please disregard.

RETURN OF BID SECURITY

If Bid Security is required, within 15-calendar days after award of the contract, ACHD will return Bid Securities, other than bid bonds, to all Bidders whose bids are not to be further considered in awarding the contract. The Bid Security, including bid bond if applicable, of the Successful Bidder shall be retained until the contract has been fully executed and the Successful Bidder has furnished all required contract security and met all other conditions of the Notice of Award.

Any guarantees which have been forfeited shall be retained.

ADDENDA

Prior to the bid opening, any interpretation or change in the Bid and Contract Documents will be made only in writing in the form of addenda. Addenda, if any, will be furnished to all bidders receiving a set of the documents from ACHD. Bidders shall acknowledge all addenda on the Bid Proposal document. ACHD will not be responsible for any other explanation or interpretation of the Bid and Contract Documents. Any oral explanations, instructions, and interpretations given to bidders prior to the bid opening will not be binding on ACHD unless supplemented by written addenda.

Addenda, if any, will be furnished to all prospective Bidders receiving a set of the ITB Documents from ACHD. Bidders shall acknowledge all Addenda as instructed. Failure by Bidders to acknowledge all Addenda as instructed shall result in their Bid Documents being deemed non-responsive.

BURDEN OF PROOF

It is the bidder's responsibility to furnish ACHD with sufficient data to determine whether or https://secure.procurenow.com/portal/achdidaho not the product(s), service(s), and/or supplies offered conform to the specified requirements.

ACHD is not liable for any costs incurred by bidders prior to issuance of a purchase order or execution of the Agreement.

FIRM BIDS

Prices submitted are to be considered firm. No cash discounts can be accepted or used in determining a low bid.

DATA TO BE FURNSHISED WITH BIDS

The following submittal shall be provided with the bid:

• List of additions, deletion or variation from the specification.

• Description of service availability, if applicable.

• Complete statements of all applicable warranties.

SERVICE REQUIRED

The successful bidder shall be able to provide service to ACHD, where applicable, for the items bid and delivered.

EXECUTION OF AGREEMENT

The successful bidder must execute an Agreement with ACHD within 15 days after award by

ACHD.

FOREIGN ENTITIES

If bidder is an entity not organized and existing under the laws of the State of Idaho, that it will be appropriately authorized, registered, qualified, certified or otherwise in compliances with the laws of the State of Idaho relating to doing business in Idaho as a foreign entity prior to any award of a contract under this Invitation to Bid. At any time after the bid opening, at the request of ACHD, the bidder will provide ACHD with proof of compliances within five (5) business days following the request. The bid may be rejected if bidder does not provide such proof prior to the date scheduled for the award.

PROTESTS FROM THE BIDDER

Any protests concerning the specifications, bidding procedures or method of evaluation must be made in writing and received by ACHD at least three (3) business days before the date and time upon which bids are scheduled to be opened. Failure to timely raise such protest in writing shall be deemed to operate as a waiver as to any objections that may have been raised on the part of the bidder.

BID ANALYSIS AND AWARD

The Purchase Agreement contract will be awarded to the qualified bidder submitting the lowest bid price complying with the bidding procedures and meeting the specifications for the goods sought to be procured.

ACCEPTABILITY

Acceptability of the item shall be judged solely by ACHD. Decisions shall be final and in the best interests of the ACHD.

MATERIALS

Materials shall be free from defects and shall be those ordinarily used for the intended service, unless otherwise specified herein. It is the intent of the Specifications to permit the bidder to supply any item(s) specified or offer an equivalent. Whenever any particular item is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is for the purpose of facilitating its description and shall be deemed to be followed by the words “or approved equivalent.” The bidder shall, at its own expense, furnish with its bid, data concerning items offered as being equivalent to those specified. ACHD shall determine whether the material offered is equivalent to that specified.

RESERVATION OF RIGHTS

ACHD reserves the right to reject any or all bids, to waive informalities, and to contract in the best interest of ACHD.

WAIVERS

Specifications and manufacturer’s models noted in this bid are those that are acceptable to ACHD. All deviations from these specifications must be listed. Failure to list all deviations from the specifications is an informality and irregularity which shall be a basis for ACHD to deem the bid void and non-responsive, unless such deviations are waived by ACHD pursuant to Item 26.

ADDITIONAL UNITS

ACHD may order additional units as budget restrains allow within 180 days of awarding the bid. All terms and conditions and prices of bid shall apply to additional units ordered.

NON-RESPONSIVE CRITERIA

All bids submitted that fail to meet the following criteria (if applicable) shall be deemed void and non-responsive:

• Provide proof of licensure.

• Submit their bid to ACHD eProcurement Portal by the date and time stated in the Invitation to Bid.

INFORMALTIES AND IRREGULARITIES

Informalities and irregularities may be waived by the ACHD Director following notification by ACHD staff managing the procurement and upon the Director’s findings that: (1) the subject bid amount is lower than the ACHD estimate; (2) the informality and irregularity has no substantive impact on any substantial or material requirements of the project; (3) waiver of the informality and irregularity will not create an advantage for the subject bidder; and (4) the informality and irregularity can be corrected by the subject bidder within 48 hours of the waiver being granted by the ACHD Director. In all other circumstances, waiver of informalities and irregularities can only be considered by the ACHD Commission as part of the bid award process and at the request of the affected bidder. If not waived, these informalities and irregularities shall result in a bid being deemed void and non-responsive.

Based upon the foregoing, the informalities and irregularities that may be waived include, but are not limited to, the following:

• Failure to list all deviations from the specifications.

• Failure by the Bidder to meet the specifications contained in the Invitation to Bid.

• Failure to timely provide the required original Bid Security.

• Failure to comply with any other bidding procedures.

• Failure to provide all other required Bid Security documentation.

• Failure by the Bidder to sign their bid.

• Failure by the Bidder to obtain from ACHD and submit official Ada County Highway District Contract Documents, Plans, and/or Addenda.

• Minor mathematical errors.

• Omissions, erasures, or alterations, not initialed by an authorized representative of the Bidder.

• Additions of any kind or prices which are uncalled for in the Invitation To Bid.

SPECIFICATIONS

Specifications

BACKGROUND:

Ada County Highway District (ACHD) is requesting Bids from qualified Firms to establish a Contract(s), for the purchase and delivery of bulk fuel for diesel as well as unleaded gasoline.

The Contract will initially encompass two (2) ACHD locations. Once ACHD’s Apple Street facility becomes operational, anticipated in August 2027, the Contract will encompass all three (3) locations. Upon the discontinuation of operations at the Adams Street location, the Contract will revert to covering two (2) locations.

The ACHD locations covered under this Contract are:

• 3730 Adams Street, Garden City, Idaho

• 440 Cloverdale Road, Boise, Idaho

• 4399 S. Apple Street, Boise, Idaho

I. MINIMUM FIRM QUALIFICATIONS

All firms must be able to deliver diesel #1 and diesel #2 as well as unleaded gasoline that meets the minimum standards below:

A. Gasoline fuel

1. Gasoline must meet or exceed the most current and active standard specification listed in the American Society for Testing and Materials (ASTM) Specification D4814 (https://www.astm.org/Standards/D4814.htm).

2. Firm must provide gasoline complying with volatility requirements as outlined in ASTM, Specification D4814, Table in section D (Seasonal Specifications)

3. For all delivery sites requiring unleaded gasoline, the Firm must provide unleaded gasoline with an anti‐knock index “(R+M)/2” of at least 87. All orders are for a minimum 87‐octane;

however, ACHD may order a higher-octane fuel. Firm’s margin will be the same for all gasoline regardless of octane.

4. If Firm fails to deliver the specified octane, Firm bears all expenses to remove and or replace the contents of the affected tank.

5. Firm must attach and maintain octane stickers on all gasoline pumps at sites where they deliver gasoline.

B. Diesel Fuel

1. Diesel fuel must meet or exceed the most current and active standard specification listed in the ASTM Specification D975 (https://www.astm.org/Standards/D975.htm)

2. Diesel fuel must meet or exceed standard specifications listed in ASTM Specification D1976 (https://www.astm.org/Standards/D1976.htm).

3. Ultra‐Low sulfur dyed diesel must meet or exceed standard specifications listed in ASTM Specification D4294 (https://www.astm.org/Standards/D4294.htm).

C. Diesel Fuel #1 and Diesel Fuel #2

1. Firm must provide blended diesel that meets or exceeds standard specifications listed in the ASTM Specification D2500 (https://www.astm.org/Standards/D2500.htm).

2. Firm must provide blended diesel that is suitable for use at the temperatures that can reasonably be expected to occur. In most cases, satisfactory operation can be expected to https://www.astm.org/Standards/D4814.htm https://www.astm.org/Standards/D975.htm https://www.astm.org/Standards/D1976.htm https://www.astm.org/Standards/D4294.htm https://www.astm.org/Standards/D2500.htm occur if the cloud point (or wax appearance point) is 5 degrees F above the tenth percentile minimum ambient air temperature for the area.

3. The blending of diesel #1 and diesel #2 for seasonal conditions will vary however, firm shall have the capability to provide diesel #1 by October every year or have the capability to add a chemical treatment for winter conditions.

D. Chemical Treatment of Diesel for Winter Conditions

1. In addition to diesel blends for winter conditions firm shall offer purchasing diesel fuel that has been treated with a winter chemical additive in place of ordering a blend. Blending of # 1 and # 2 diesels may be done in addition to chemical treatments. If available, Bidders are to include the price per gallon and name of winter chemical additive to the Bid Schedule.

Award(s) will not be based on the Bidder’s ability to provide a winter chemical additive.

2. If the winter chemical additive can be provided, ACHD will notify the Firm of the need for winter chemical additive in writing, and the Firm will include the cost and name as a separate line item on the invoice.

3. The winter chemical additive listed on the Cost Schedule must be what is provided to ACHD.

The Firm must not provide a different winter chemical additive than what is listed on the Cost Schedule.

4. Firm must provide chemically blended diesel suitable for use at the temperatures that can reasonably be expected at each specific delivery site. If requested by ACHD, the firm will be required to provide documentation showing the temperature ranges the winter chemical additive is rated for.

5. Firm must determine the chemical blend rate appropriate for the post‐delivery total tank volume.

6. Firm must treat the diesel before delivery to a site. The Firm must not blend in ACHD’s tank.

E. Fuel Quality

1. All fuel delivered are subject to testing by a certified commercial laboratory approved by ACHD to determine acceptability. If fuel delivered is contaminated or does not comply with contract, all costs for testing shall be paid by the Firm. In addition, the Firm must remove contaminated or non‐compliant fuel from bulk tanks and equipment tanks and replace the contaminated or non‐compliant fuel. The Firm agrees to remove contaminated or non‐ compliant fuel within twenty‐four (24) hours after receiving written notification with proof from ACHD that the product is contaminated or does not meet contract requirements.

2. ACHD reserves the right to procure a sample of fuel from the Firm’s delivery truck at time of delivery for purposes of verification of specification compliance.

3. Deliveries and/or payment may be refused if quality is unacceptable.

4. Nothing herein shall preclude conformance with other federal, state, or local regulations that may be more stringent.

F. Taxes

1. Contract prices and/or Firm margins shall not include taxes. Taxes applicable at time of delivery are to be added to invoices as separate entries.

2. ACHD does not pay Federal Excise tax. This tax is not to be included on Firm’s invoice.

3. The Firm is responsible for filing all necessary claims for tax refunds due the Firm.

4. As of January 1, 1996, Idaho Fuel Tax must be charged on all UNDYED (CLEAR) DIESEL FUEL sold. If tax‐paid fuel (clear) is used for non‐taxable purposes, you may claim a refund from the tax commission by filing a Form 75. For any questions call your nearest State of Idaho State Tax Commission office.

5. Idaho Fuel Tax will not be charged on any DYED DIESEL FUEL. Red‐Dyed HIGH‐SULFUR diesel fuel •

a. Cannot be used in any motor vehicle.

b. Can be used in equipment, stationary engines, combines, tractors, etc.

6. Red‐Dyed ULTRA LOW‐SULFUR Diesel Fuel

a. Can be used in vehicles operated exclusively by ACHD.

b. Can be used in vehicles that are not required to be licensed, equipment, stationary engines, combines, tractors.

G. Order Quantity

1. Quantities given are estimated amounts used for bidding purposes only. ACHD may place an order for any quantity of fuel. There is no minimum order quantity set for the resulting Contract(s). Every effort will be made to consolidate orders of all items for each delivery location.

2. Orders may be placed to firm by telephone or by email by ACHD Fleet Staff.

H. Oder Acknowledgement

1. All orders must be acknowledged by the Firm within twenty‐four (24) hours of receipt. Order acknowledgement can be provided by e-mail with the recipients listed below. Likewise, if any questions, concerns or problems arise from an order the Firm shall contact the representative that ordered the fuel.

a. Cary Reese Adams and Apple Shop Crew Chief creese@achdidaho.org

b. Chris Kearns, Cloverdale Shop Crew Chief ckearns@achdidaho.org

c. Joe Shoen, Fleet Manager jshoen@achdidaho.org

d. Erin Chesnut, Fleet Superintendent echesnut@achdidaho.org

e. Shelaine Starkey, Sr. Account Clerk-Accts Receivable sstarkey@achdidaho.org

I. Delivery

1. Fuel metering devices must be utilized to provide accurate delivery quantities. Firm’s delivery truck must have a metering device. Split loads will be accepted if all fuel from the distribution terminal is for delivery to multiple sites of ACHD.

2. Firm must be in compliance with Bureau of Weights and Measures rule IDAPA 02.02.14 (https://adminrules.idaho.gov/rules/current/02/0214.pdf). Vehicle mounted metering systems must be equipped with a ticket printer to be used for all product delivered through the metering system. A clearly legible copy of the ticket issued by the printer device must be attached to the delivery ticket presented at the time of each delivery

3. Bill of lading must be attached to the delivery ticket. ACHD will pay only for the actual amount of fuel delivered as shown on the delivery vehicle’s metering device or on bill of lading.

4. Delivery is required within two (2) business days after receipt of order. Deliveries exceeding two (2) calendar days may be allowed, at a mutually determined date between the Firm and

ACHD.

5. A minimum of twenty‐four (24) hours before delivery, the Firm must contact ACHD representative or designee advising them of the arrival time of the delivery truck.

6. For all deliveries, an ACHD representative must be:

a. Afforded an opportunity to observe/confirm off‐loading.

b. Be given a numbered delivery receipt to sign confirming delivered quantities. Practical procedures for accomplishing these requirements will be at the discretion of ACHD.

7. Firm shall make deliveries between 8:00am and 5:00pm MST, Monday through Friday, excluding all major holidays as listed below.

New Years Day - Jan 1st Juneteenth – June 19th Veterans Day – November 11th

President’s Day – February 17th Independence Day – July 4th Thanksgiving – November 27th & 28th

Memorial Day – May 26th Labor Day- September 1st Christmas – December 24th & 25th

8. Prior to fueling, the Firm will determine that the tank system to be filled is able to hold the volume of fuel being delivered.

9. The Firm must perform all deliveries in a safe and professional manner. Firm’s equipment must be in good working order and all Firm personnel must be trained in safety measures to preclude accidents endangering personnel or property

10. The Firm must provide systems necessary to prevent spills and overfills from occurring during the product transfer. The Firm must also provide the systems necessary to prevent product from reaching streets, catch basins or other drainage structures during product transfers. In the event that a spill occurs, the Firm is responsible to bear any costs associated mailto:creese@achdidaho.org mailto:ckearns@achdidaho.org mailto:jshoen@achdidaho.org mailto:echesnut@achdidaho.org mailto:sstarkey@achdidaho.org https://adminrules.idaho.gov/rules/current/02/0214.pdf) with the proper cleanup and disposal of waste.

11. The Firm’s fuel truck operator must be present during delivery and take an active part in the prevention of spills. The fuel truck operator will take immediate action to stop the flow of product when the working capacity of the tank has been reached or when an emergency or spill occurs. Prior to transfer of product and also prior to departure of delivery truck, the fuel truck operator must examine the lowermost drain and all outlets for leakage, and if necessary, tighten, adjust or replace to prevent liquid leakage.

12. Firm is responsible for familiarizing themselves with each ACHD location tank configuration.

13. In the event of emergencies (declared or undeclared) or natural disasters ACHD shall be given first priority for fuel orders.

J. Delivery locations

1. Adams Location:

3730 Adams Street Garden City, Idaho 8371

ACHD representative. Cary Reese, Crew Chief (208)484-3673 creese@achdidaho.org

2. Apple Location 4399 S. Apple Street

Boise, Idaho 83716 ACHD representative. Cary Reese, Crew Chief (208)484-3673 creese@achdidaho.org

3. Cloverdale Location:

440 N. Cloverdale Boise, Idaho 83713

ACHD representative: Chris Kerns, Crew Cheif (208)830-2595 ckearns@achdidaho.org K. Transitional Services

1. In the event a replacement Contract is not established before expiration of this Contract or upon termination by ACHD, Firm agrees to continue to provide service under the same terms, conditions, and pricing for a minimum of ninety (90) days following Contract termination, or such longer period as agreed upon by the parties.

L. Exceptions to Use

1. ACHD reserves the right to purchase fuel elsewhere on an emergency basis or where any delivery requirements are burdensome or restrictive.

M. Invoicing

1. A delivery ticket including product type, quantity and location shall be submitted to an ACHD representative at time of delivery, no exceptions.

2. Firm shall provide an invoice within ten (10) business days after delivery of fuel. All invoices shall be sent directly to our invoicing department at invoices@achdidaho.org

3. The Firm’s invoice must include the following information. Failure to include all of this information may result in the withholding of payment, without penalty, until a properly executed invoice is received:

a. Date of delivery

b. Name, address, phone, and fax number of Firm

c. Delivery location

d. Type of fuel delivered

e. Price of fuel per gallon

f. Quantity of fuel delivered

g. Firm margin and applicable fixed costs (i.e. taxes)

h. Copy of delivery ticket

4. The following are fixed costs per gallon:

a. State Excise Tax (gasoline) $0.25 ITB17000310,

b. Special Fuels Tax (undyed diesel only) $0.25

c. Federal LUST Tax $0.001

d. Idaho Transfer Fee $0.01

e. Federal Oil Spill Recovery Fee o Clear gasoline and diesel $0.0019 o E10 gasoline mailto:creese@achdidaho.org mailto:creese@achdidaho.org mailto:invoices@achdidaho.org

$0.0017 NOTE: Special Fuels Tax is not charged on dyed diesel

N. Price Adjustments and Pricing

1. ACHD’s intention is to establish fuel contracts whereby the purchase price per gallon of fuel can be directly reconciled to the published Oil Price Information Services (OPIS) OPIS RackFax Closing prices FOB Terminal in ct/gal, excluding taxes, discounts and Superfund line items based on the following formula:

a. Contract Net Price per gallon = OPIS RackFax Rack Average price in effect on date of delivery + Applicable Taxes/Fees + Firm’s Margin

2. The OPIS RackFax RACK AVERAGE prices identified as OPIS CLEAR GROSS GASOLINE PRICES for Unl, Mid and Pre Unl shall be used to reference changes in contract net prices for unleaded gasoline.

3. The OPIS RackFax RACK AVERAGE prices identified as OPIS GROSS DISTILLATE PRICES for Ultra Lo Sul Red No. 2, and Ultra Lo Sul Red No. 1 shall be used to reference changes in contract net prices for Diesel No. 2 ULS Dyed and Diesel No. 1 ULS Dyed.

4. The OPIS RackFax RACK AVERAGE prices identified as OPIS GROSS DISTILLATE PRICES for Ultra Lo Sul No. 2 and Ultra Lo Sul No. 1 shall be used to reference changes in contract net prices for low sulfur clear diesels.

5. Blended diesel (#1 diesel blended with #2 diesel or petroleum-based diesel blended with biodiesel) may only be invoiced at the actual quantity of each gallon of each fuel grade delivered. Blending fees must be included in the Firm’s margin.

6. The price per gallon for diesel with a winter chemical additive must be the same as the price per gallon without the additive. The Firm’s invoice is to show the winter chemical additive as a separate entry. Blending fees are to be included in fuel margin.

7. It is understood and agreed that company names and prices can be removed from and added to the OPIS RackFax publication by the publishing company without affecting the procedure for price computation.

8. If it appears that an error has occurred in any OPIS RackFax issue, the Division of Purchasing shall contact the publisher for clarification.

9. If it appears that an error has occurred in any OPIS RackFax issue, the Division of Purchasing shall contact the publisher for clarification.

10. The error is detected and sufficient data is available to make corrections within thirty (30) calendar days after the effective date of the contract prices reflecting the erroneous pricing information.

11. The amount necessary to make the correcting adjustment, plus or minus, must require an invoice correction in excess of $40.00.

12. Notwithstanding the above, should the price structure become unworkable, detrimental or injurious to the State of Idaho, or result in prices which are not truly reflective of current market conditions and no adjustment in price is mutually agreeable, the Division of Purchasing reserves the right to cancel this contract.

O. Pricing Instructions:

1. Bidders: Enter your bid price (margin) for each type of fuel and delivery destination in the appropriate spaces in attached Bid Schedule. Bidder is to show the amount (margin) to be added to the OPIS RackFax Rack Average price for Boise, Idaho. No other price change method such as referencing your own price list or your supplier's posted price list or any other publication shall be considered.

2. Refusal by a bidder to accept OPIS RackFax Rack average prices for the Contract price adjustments as specified herein may result in the bid being deemed non‐responsive.

VENDOR QUESTIONNAIRE

Bidder Information – Firm Name* Please provide the full legal name of the bidding entity ("Firm") submitting this proposal.

Example: ABC Contractor, LLC *Response required Bidder Information – Firm Address* The Bidder shall provide its complete business mailing address, including street address, city, state, and ZIP code.

Bidder's Full Address:

Street Address: ____________________________________________ City: _____________________ State: __________ ZIP Code: __________ Example:

123 Any Street City, State 12345 *Response required State of Domicile* *Response required Bidder’s Individual responsible Contact "Name" and "Title" * Must provide the "Full Name" and "Title" of the Individual responsible for overseeing this contract.

Example: Joe Smith, Estimator *Response required Bidder's Individual Contact Phone Number* Must provide Bidder's Contact Direct Phone Number of the individual responsible for overseeing this contract.

Sample: 123-456-7890 *Response required Bidder's Fax Number* Please provide the firm's fax number.

Note: If the firm no longer utilizes a fax line, you may indicate "N/A."

Sample: 123-456-7890 *Response required Bidder's Contact Email Address* Must provide the Email Address of the Individual responsible for overseeing this contract.

*Response required Acknowledgement and Acceptance of the Pricing Instructions*

1. Bid Pricing Requirements Bidders shall enter their proposed bid price (margin) for each fuel type and delivery destination in the applicable fields of the attached Bid Schedule. The proposed margin shall represent the amount to be added to the Oil Price Information Service (OPIS) RackFax Rack Average Price for Boise, Idaho, as specified in the solicitation documents. No alternative pricing methodology shall be accepted, including, but not limited to, pricing based on the Bidder's internal price lists, supplier-posted price lists, or any other pricing publications or indices.

2. Acknowledgment and Acceptance of OPIS Pricing Methodology Does the Bidder acknowledge, accept, and agree to utilize the OPIS RackFax Rack Average Price for Boise, Idaho, as the basis for Contract pricing adjustments in accordance with the requirements, terms, and conditions established in this solicitation?

Yes – The Bidder acknowledges, accepts, and agrees to comply with the specified OPIS pricing methodology.

No – The Bidder does not accept the specified OPIS pricing methodology.

☐ Yes

☐ No *Response required Authorize Representative Signature* Once you start your proposal you will be asked to complete a DocuSign form.

The undersigned, hereinafter called Bidder, declares that the only persons or parties interested in this proposal are those named herein, that this proposal is, in all respects, fair and without fraud, and that it is made without collusion with any official of the Ada County Highway District (ACHD) or with any person submitting another proposal for this contract.

The bidder further declares that he has carefully examined the “Specifications” applicable to this proposal. The bidder acknowledges the fact that the description of the quantities included here-in is intended only to indicate the general nature of the requirements by the ACHD, and that this proposal is made according to the provisions set forth in the “Specifications” which documents are hereby made a part of this proposal.

The bidder agrees that if this proposal is accepted, they will, within fifteen (15) calendar days after notice of award, sign a contract or purchase order to provide the product(s), service(s) and/or supplies proposed herein and will fulfill all requirements in the manner, in the time, and according to the methods and procedures stipulated.

In the event the bidder is awarded a contract or issued a purchase order and shall fail to pro-vide the product(s), service(s) and/or supplies within the time specified herein, said failure to maintain the delivery time specified constitutes an event of default by the bidder and ACHD will seek compensatory damages, as provided by law.

The bidder further proposes to accept as full payment for the product(s), service(s) and/or supplies proposed herein the amounts computed under the provisions of the Contract Documents and based on the lump sum or unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The bidder agrees that the lump sum prices and the unit prices represent a true measure of the costs required, including all allowances for overhead and profit, to provide the product(s), service(s) and/or supplies specified.

Having carefully examined the "Invitation to Bid", "Instructions to Bidders" and the "Specifications" affecting the same, the undersigned hereby proposes to furnish and deliver the item(s) as specified in accordance with the "Bid Schedule."

The Bidder shall list all Addendum issued for the Scope contained in the Invitation to Bid. The Bidder acknowledges by their signature(s) to this Proposal below that the Addendum listed have been received by the Bidder and that the Bidder has incorporated their content into the Bid attached hereto.

Click here to go to the form *Response required

BID SCHEDULE

SCHEDULE 1, 2027 BULK FUEL, FL27-04

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Diesel Fuel 1 USL Dyded 54,300 MARGINS

PER

GALLON

2 Diesel Fuel 2 USL Dyded 180,000 MARGINS https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=53c06061-04af-4876-a1d0-fe9f9f703133&env=na4&acct=94a6fb97-f6a3-406b-8ab2-8282d73a5796&v=2

Line Item Description Quantity Unit of Measure

Unit Cost Total

3 Unleaded 85,000 MARGINS

ALTERNATE ADDITIVES

4 Winter Chemical Additive 1,000 GALLON

TOTAL

BID SCHEDULE