BPM004794 Senergy Petroleum Proposal.pdf

Procurement ADOT CONFIDENTIALITY AND TRADE SECRETS

Solicitation No: BPM004794 Available online at https://app.az.gov

Rev 04/2020

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract.

Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

Address Printed Name

City State Zip Title

X

Senergy Petroleum LLC

622 S. 56th Avenue

Phoenix Arizona 85043 Contract Specialist

Carlos Zubiate https://app.az.gov/

Procurement ADOT CONFIDENTIALITY AND TRADE SECRETS https://app.az.gov

Rev 04/2020

R2-7-103. Confidential Information

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

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Procurement BOYCOTT OF ISRAEL DISCLOSURE https://app.az.gov

SPO Form 205 (rev 09-2022)

Boycott of Israel Disclosure Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

• The Solicitation or Contract has an estimated value of less than $100,000;

• Contractor is a sole proprietorship;

• Contractor has fewer than ten (10) employees; OR

• Contractor is a non-profit organization.

Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. §35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity": (a) Means this State, a political subdivision of this State or an agency, board, commission or department of this

State or a political subdivision of this State. (b) Includes the universities under the jurisdiction of the Arizona board of regents and community college districts as defined in section 15-1401.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. §35-393.03.

In compliance with A.R.S. §§35-393 et seq., all offerors must select one of the following:

The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

☐ The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-393 et seq.

Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

☐ Solicitation or Contract has an estimated value of less than $100,000;

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Company Name Signature of Person Authorized to Sign

Address Printed Name

City State Zip Title

X

Senergy Petroleum LLC

622 S. 56th Avenue Carlos Zubiate

Phoenix Arizona 85043 Contract Specialist

Item Classification County Available?

Motor Oils Mohave N

Motor Oils Coconino Y

Motor Oils Navajo N

Motot Oils Apache N

Motor Oils Yavapai Y

Motor Oils Gila Y

Motor Oils La Paz N

Motor Oils Maricopa Y

Motor Oils Pinal Y

Motor Oils Graham Y

Motor Oils Greenlee Y

Motor Oils Yuma Y

Motor Oils Pima Y

Motor Oils Cochise Y

Motor Oils Santa Cruz Y

Transmission Fluid Mohave N

Transmission Fluid Coconino Y

Transmission Fluid Navajo N

Transmission Fluid Apache N

Transmission Fluid Yavapai Y

Transmission Fluid Gila Y

Transmission Fluid La Paz N

Transmission Fluid Maricopa Y

Transmission Fluid Pinal Y

Transmission Fluid Graham Y

Transmission Fluid Greenlee Y

Transmission Fluid Yuma Y

Transmission Fluid Pima Y

Transmission Fluid Cochise Y

Transmission Fluid Santa Cruz Y

Gear Lubricant Mohave N

Gear Lubricant Coconino Y

Gear Lubricant Navajo N

Directions:

The Contractor shall indicate which item classification below is available in each county.

"Y" for yes and a, "N" for no, "N/A" for not applicable for not applicable.

This excel file must be provided as an attachment to all offers.

Gear Lubricant Apache N

Gear Lubricant Yavapai Y

Gear Lubricant Gila Y

Gear Lubricant La Paz N

Gear Lubricant Maricopa Y

Gear Lubricant Pinal Y

Gear Lubricant Graham Y

Gear Lubricant Greenlee Y

Gear Lubricant Yuma Y

Gear Lubricant Pima Y

Gear Lubricant Cochise Y

Gear Lubricant Santa Cruz Y

Hydraulic Fluid Mohave N

Hydraulic Fluid Coconino Y

Hydraulic Fluid Navajo N

Hydraulic Fluid Apache N

Hydraulic Fluid Yavapai Y

Hydraulic Fluid Gila Y

Hydraulic Fluid La Paz N

Hydraulic Fluid Maricopa Y

Hydraulic Fluid Pinal Y

Hydraulic Fluid Graham Y

Hydraulic Fluid Greenlee Y

Hydraulic Fluid Yuma Y

Hydraulic Fluid Pima Y

Hydraulic Fluid Cochise Y

Hydraulic Fluid Santa Cruz Y

Grease Mohave N

Grease Coconino Y

Grease Navajo N

Grease Apache N

Grease Yavapai Y

Grease Gila Y

Grease La Paz N

Grease Maricopa Y

Grease Pinal Y

Grease Graham Y

Grease Greenlee Y

Grease Yuma Y

Grease Pima Y

Grease Cochise Y

Grease Santa Cruz Y

PRICING SCHEDULE

Category 1 : Motor Oil Contractor Name: Senergy Petroleum

Instructions: The basis for pricing shall be fixed minimum discount(s) off published price list(s).

The Contractor shall indicate any and all Descriptions and or Classifications that are being offered under this category. At a minimum the Contractor shall include the Manufacturer's name and the minimum discount percentage being offered by region for each classification.

Item Description/Classification Manufacturer County Precentage Discount Additional Notes

Example ; Passenger Car motor oil Pennzoil Maricopa 25%

Passenger Car Motor Oil MaxxPro Maricopa 15% MaxxPro Pinal 15%

MaxxPro Pima 15% MaxxPro Cochise 10% MaxxPro Graham 10% MaxxPro Greenlee 10% MaxxPro Gila 10% MaxxPro Yavapai 10% MaxxPro Coconino 10%

Passenger Car Motor Oil Phillips 66 Maricopa 15% Phillips 66 Pinal 15% Phillips 66 Pima 15% Phillips 66 Cochise 10% Phillips 66 Graham 10% Phillips 66 Greenlee 10% Phillips 66 Gila 10% Phillips 66 Yavapai 10%

Vehicle Lubricants BPM004794

Item Description/Classification Manufacturer County Precentage Discount Additional Notes

Phillips 66 Coconino 10%

Passenger Car Motor Oil Chevron Maricopa 15% Chevron Pinal 15% Chevron Pima 15% Chevron Cochise 10% Chevron Graham 10% Chevron Greenlee 10% Chevron Gila 10% Chevron Yavapai 10% Chevron Coconino 10%

Heavy Duty Motor Oils MaxxPro Maricopa 15% MaxxPro Pinal 15% MaxxPro Pima 15% MaxxPro Cochise 10% MaxxPro Graham 10% MaxxPro Greenlee 10% MaxxPro Gila 10% MaxxPro Yavapai 10% MaxxPro Coconino 10%

Heavy Duty Motor Oils Phillips 66 Maricopa 15% Phillips 66 Pinal 15% Phillips 66 Pima 15% Phillips 66 Cochise 10% Phillips 66 Graham 10% Phillips 66 Greenlee 10% Phillips 66 Gila 10% Phillips 66 Yavapai 10% Phillips 66 Coconino 10%

Heavy Duty Motor Oils Chevron Maricopa 15% Chevron Pinal 15% Chevron Pima 15% Chevron Cochise 10% Chevron Graham 10%

Item Description/Classification Manufacturer County Precentage Discount Additional Notes

Chevron Greenlee 10% Chevron Gila 10% Chevron Yavapai 10% Chevron Coconino 10%

Small Engine Oils Phillips 66 Maricopa 10% Phillips 66 Pinal 10% Phillips 66 Pima 10% Phillips 66 Cochise 10% Phillips 66 Graham 10% Phillips 66 Greenlee 10% Phillips 66 Gila 10% Phillips 66 Yavapai 10% Phillips 66 Coconino 10%

Small Engine Oils Chevron Maricopa 10% Chevron Pinal 10% Chevron Pima 10% Chevron Cochise 10% Chevron Graham 10% Chevron Greenlee 10% Chevron Gila 10% Chevron Yavapai 10% Chevron Coconino 10%

Category 2 : Transmission Fluid Contractor Name: Senergy Petroleum

Instructions: The basis for pricing shall be fixed minimum discount(s) off published price list(s).

The Contractor shall indicate any and all Descriptions and or Classifications that are being offered under this category. At a minimum the Contractor shall include the Manufacturer's name and the minimum discount percentage being offered by region for each classification.

Item Description/Classification Manufacturer County Precentage

Discount Additional Notes

Example ; Transmission Fluid Pennzoil Maricopa 25%

Transmission Fluid MaxxPro Maricopa 15%

MaxxPro Pinal 15%

MaxxPro Pima 15%

MaxxPro Cochise 10%

MaxxPro Graham 10%

MaxxPro Greenlee 10%

MaxxPro Gila 10%

MaxxPro Yavapai 10%

MaxxPro Coconino 10%

Transmission Fluid Phillips 66 Maricopa 15%

Phillips 66 Pinal 15%

Phillips 66 Pima 15%

Phillips 66 Cochise 10%

Phillips 66 Graham 10%

Phillips 66 Greenlee 10%

Phillips 66 Gila 10%

Phillips 66 Yavapai 10%

Phillips 66 Coconino 10%

Transmission Fluid Chevron Maricopa 15%

Chevron Pinal 15%

Chevron Pima 15%

Chevron Graham 10%

Chevron Greenlee 10%

Chevron Gila 10%

Category 3 : Gear Lubricant Contractor

Instructions: The basis for pricing shall be fixed minimum discount(s) off published price list(s).

The Contractor shall indicate any and all Descriptions and or Classifications that are being offered under this category. At a minimum the Contractor shall include the Manufacturer's name and the minimum discount percentage being offered by region for each classification.

Item Description/Classification Manufacturer County Precentage Discount

Example ; Gear Lubricant Maricopa 25% Gear Lubricant MaxxPro Maricopa 15%

MaxxPro Pinal 15% MaxxPro Pima 15% MaxxPro Cochise 10% MaxxPro Graham 10% MaxxPro Greenlee 10% MaxxPro Gila 10% MaxxPro Yavapai 10% MaxxPro Coconino 10%

Gear Lubricant Phillips 66 Maricopa 15% Phillips 66 Pinal 15% Phillips 66 Pima 15% Phillips 66 Cochise 10% Phillips 66 Graham 10% Phillips 66 Greenlee 10% Phillips 66 Gila 10% Phillips 66 Yavapai 10% Phillips 66 Coconino 10%

Gear Lubricant Chevron Maricopa 15% Chevron Pinal 15%

Chevron Pima 15%

Chevron Graham 10% Chevron Greenlee 10% Chevron Gila 10%

Name: Senergy Petroleum

Additional Notes

Category 4 : Hydraulic Fluid

Instructions: The basis for pricing shall be fixed minimum discount(s) off published price list(s).

The Contractor shall indicate any and all Descriptions and or Classifications that are being offered under this category. At a minimum the Contractor shall include the Manufacturer's name and the minimum discount percentage being offered by region for each classification.

Item Description/Classification Manufacturer County

Example ; Hydraulic Fluid Maricopa Hydraulic Fluid MaxxPro Maricopa

MaxxPro Pinal MaxxPro Pima MaxxPro Cochise MaxxPro Graham MaxxPro Greenlee MaxxPro Gila MaxxPro Yavapai MaxxPro Coconino

Hydraulic Fluid Phillips 66 Maricopa Phillips 66 Pinal Phillips 66 Pima Phillips 66 Cochise Phillips 66 Graham Phillips 66 Greenlee Phillips 66 Gila Phillips 66 Yavapai Phillips 66 Coconino

Hydraulic Fluid Chevron Maricopa

Chevron Pinal Chevron Pima Chevron Cochise Chevron Graham Chevron Greenlee Chevron Gila Chevron Yavapai Chevron Coconino

Contractor Name: Senergy Petroleum

Precentage Discount Additional Notes

25% 15% 15% 15% 10% 10% 10% 10% 10% 10%

15% 15% 15% 10% 10% 10% 10% 10% 10%

15%

10% 10% 10% 10%

Category 5 : Grease Contractor Nam

Instructions: The basis for pricing shall be fixed minimum discount(s) off published price list(s).

The Contractor shall indicate any and all Descriptions and or Classifications that are being offered under this category. At a minimum the Contractor shall include the Manufacturer's name and the minimum discount percentage being offered by region for each classification.

Item Description/Classification Manufacturer County Precentage Discount

Example ; Grease Maricopa 25% Grease Citgo Maricopa 10%

Citgo Pinal 10% Citgo Pima 10% Citgo Cochise 10% Citgo Graham 10% Citgo Greenlee 10% Citgo Gila 10% Citgo Yavapai 10% Citgo Coconino 10%

Grease Phillips 66 Maricopa 10% Phillips 66 Pinal 10% Phillips 66 Pima 10% Phillips 66 Cochise 10% Phillips 66 Graham 10% Phillips 66 Greenlee 10% Phillips 66 Gila 10% Phillips 66 Yavapai 10% Phillips 66 Coconino 10%

Grease Chevron Maricopa 10%

Chevron Pinal 10% Chevron Pima 10% Chevron Cochise 10% Chevron Graham 10% Chevron Greenlee 10% Chevron Gila 10% me: Senergy Petroleum

Category 5 : Grease Contractor Nam

Instructions: The basis for pricing shall be fixed minimum discount(s) off published price list(s).

The Contractor shall indicate any and all Descriptions and or Classifications that are being offered under this category. At a minimum the Contractor shall include the Manufacturer's name and the minimum discount percentage being offered by region for each classification.

Item Description/Classification Manufacturer County Precentage Discount

Example ; Heat Transfer Oil Maricopa 25% Anti-Freeze/Coolant ALL MANUFACTURERS Maricopa 10%

Pinal 10% Pima 10%

Cochise 10% Graham 10%

Greenlee 10% Gila 10%

Yavapai 10% Coconino 10%

Diesel Exhaust Fluid ALL MANUFACTURERS Maricopa 10% Pinal 10% Pima 10%

Cochise 10% Graham 10%

Greenlee 10% Gila 10%

Yavapai 10% Coconino 10%

Turbine Oils ALL MANUFACTURERS Maricopa 10% Pinal 10%

Pima 10% Cochise 10% Graham 10%

Greenlee 10% Gila 10%

Yavapai 10% Coconino 10%

R & O / Heat Transfer Oils ALL MANUFACTURERS Maricopa 10% Pinal 10% Pima 10%

Cochise 10% Graham 10%

Greenlee 10% Gila 10%

Yavapai 10% Coconino 10%

Metalworking Fluids ALL MANUFACTURERS Maricopa 10% Pinal 10% Pima 10%

Cochise 10% Graham 10%

Greenlee 10% Gila 10%

Yavapai 10% Coconino 10%

Food Grade Lubricants ALL MANUFACTURERS Maricopa 10% Pinal 10% Pima 10%

Cochise 10% Graham 10%

Greenlee 10% Gila 10%

Yavapai 10% Coconino 10%

Compressor Oils ALL MANUFACTURERS Maricopa 10% Pinal 10% Pima 10%

Cochise 10% Graham 10%

Greenlee 10%

Gila 10% Yavapai 10%

Coconino 10%

Any other products not listed ALL MANUFACTURERS Offered Cou 10% me: Senergy Petroleum

Procurement FORCED LABOR OF ETHNIC UYGHURS BAN https://app.az.gov

SPO Form 205 (rev 09-2022)

Forced Labor of Ethnic Uyghurs Ban Please note that if any of the following apply to the Contractor, then the Offeror shall select the “Exempt Contractor” option below:

• Contractor is a sole proprietorship;

• Contractor has fewer than ten (10) employees; OR

• Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-394, the State of Arizona prohibits a public entity from entering into or renewing a contract with a company unless the contract includes written certification that the company does not use the forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

Under A.R.S. §35-394:

1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

In compliance with A.R.S. §§ 35-394 et seq., all offerors must select one of the following:

The Company submitting this Offer does not use, and agrees not to use during the term of the contract, any of the following:

• Forced labor of ethnic Uyghurs in the People’s Republic of China;

• Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

• Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

☐ The Company submitting this Offer does participate in use of Forced Uyghurs Labor as described in A.R.S. § 35-394.

Exempt Contractor.

Indicate which of the following statements applies to this Contractor (may be more than one):

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Company Name Signature of Person Authorized to Sign

Address Printed Name

City State Zip Title x

Senergy Petroleum LLC

622 S. 56th Avenue

Phoenix Arizona 85043 Contract Specialist

Carlos Zubiate

Procurement

PRICE INCREASE PERCENTAGES

https://appstate.az.gov/

Rev. 12/2020

The offeror should use the space below to identify the maximum price increase percentage that they may want to request at the time of renewal if ADOT exercises its option per the applicable provisions under any resultant contract(s).

1st Renewal Period _____30____________% Maximum Increase

2nd Renewal Period _____60________% Maximum Increase

3rd Renewal Period ______90____________% Maximum Increase

4th Renewal Period ______120____________% Maximum Increase

The offeror is cautioned that each renewal period’s increase percentage shall be computed against the ORIGINAL contract price. If information is not provided in the space above, prices shall remain the same as the original contract term. Please see the following example for further clarification.

Example: If the offeror anticipates requesting a 2% increase at each renewal period per Special Terms and Conditions, they should enter 2%, 4%, 6%, and 8% in the attachment. Each percentage increase is calculated using the original contract price. See example in table below.

Renewal Period

% Maximum Increase from Attachment

Original Contract

Price

Maximum Increase Allowed

Maximum Contract

Price 1 2% $100.00 $2.00 $102.00 2 4% $100.00 $4.00 $104.00 3 6% $100.00 $6.00 $106.00 4 8% $100.00 $8.00 $108.00

Furthermore, the offeror is advised that the State of Arizona does not automatically grant any increase when renewing the contract. If an increase is requested, documentation of need must be provided at the time of renewal.

https://appstate.az.gov/

EAP for Senergy Petroleum LLC. Rev. October -2021 - Final

Emergency Action Plan

Statement about Senergy Petroleum Operations Division

Senergy Petroleum LLC (SP) Operations proudly remains privately held with warehouses located throughout the Southwest and Rockies as well as 15 Cardlock locations across Arizona, New Mexico, Texas and Colorado. With regional supply terminals, Senergy serves the Arizona, New Mexico, Nevada, Utah, Texas, and Wyoming markets with one of the largest company owned and operated fleets in the region. SP primarily transports refined hydrocarbon products like petroleum-based oils and lubricants, solvents, Diesel Exhaust Fluid (DEF), and refined fuels, with the later is considered hazardous material. SP operates a large fleet of DOT regulated vehicles with properly trained and endorsed hazmat drivers on the road at any given time hauling materials that if releases can be a major threat to human health and the environment. SP is committed to rapidly responding to all incidents and doing everything we can to mitigate our spills.

Our spill response program is based on two main ideas:

1. All spills are cleaned up safely using whatever resources are warranted, and

2. All spills are reported to the appropriate persons/agencies; including supervisors, managers, safety department, and regulators, as required by law.

Our intent is to provide training and information that will be valuable to our employees in the event of a release or spill.

Prior Training

Whenever we train for responding to spills and releases, our employees have already completed some level of training that relates to safety and product-specific handling procedures that provide an operational knowledge of materials potentially involved in a release. Company employees conducting spill cleanup activities are limited by their level of training. They are also limited to non-emergency incidents where the product involved, hazards and conditions are known.

Prior training may include, but is not limited to the following:

- Safety Training / Annual Refresher Training

- Safety Orientation Training

- Right-to-Know Training

- Annual safety meetings addressing spill response

- DOT Hazardous Materials Endorsement (HME)

- Personal Protective Equipment (PPE) training

- Bloodborne Pathogen training

- First Aid/CPR training

- Confined Space training

- Atmospheric Monitor training

- Other task-specific training

It should be noted that the training that occurs each year, both within and outside of SP, that deals with spill response and hazardous material can count towards an individual’s OSHA Hazmat 8-hour refresher requirements.

Programs

SP has implemented a health safety & environmental program with the intention of communicating risk and establishing controls to eliminate or mitigate those potential hazards.

The program with written forms/procedures are designed to be site specific and serve as a guidance to management and employees. Examples of the program that relate to spills include Emergency Action Plan, Incident Reporting, Housekeeping, Hazard Communication, Personal Protective Equipment, etc. It is the responsibility of all employees to understand the purpose, requirements and established policies/procedures related to this program.

Another component of program review and inspection is the completion of a monthly safety inspections and audits. These monthly tasks are for managers/supervisors to complete a site inspection with a focus on hazard/risk identification and written documentation spot check to ensure compliance with a variety of environmental, health and safety systems. We encourage participation from all employees in performing risk identification activities and working together to develop solutions and controls.

Types of Legislation

The job-specific tasks that we undertake every day in the refined lubrication and fuel business are subject to a wide variety of State, Federal and Local regulations. When we respond to a spill or release, we are subject to even more stringent regulations. Some examples of regulations include the following:

- OSHA 1910.120

- Health and Safety (e.g., plans, training, forklift, confined space, personal protective equipment, HazCom)

- Transportation (e.g., licensing, placarding, health card, product handling, CHEMTREC)

- Environmental (e.g., CWA, FIFRA, RCRA, CAA, UST/AST, SPCC, RMP, SWPPP, RTK)

- Other (e.g., planning and zoning, fire marshal, NFPA)

Regulatory Agencies

- Federal (DOT, EPA, OSHA, USDA, FWS, DHS, Army Corps, etc.)

- State Environmental Agencies (DEQ, PCA, etc.)

- Local (City, County, Fire Marshal, etc.)

- Tribal

There are many activities going on at once during a spill event and it is extremely difficult to keep all the regulations in mind in addition to the basic cleanup tasks. It is imperative that the SP management and safety department are involved in the decision-making process. The decisions that are made early on can greatly affect the outcome of the spill and should be discussed between the person(s) involved, the location personnel, and executive leadership to avoid potential legal implications.

Actions to Take in the Event of a Spill or Releases

The following four subsections discuss what to do in the event of a spill or release and include:

preparedness, notification, prevention, and response.

1. Preparedness

There are many things SP management can do ahead of time that will make responding to an incident much more efficient and safer. We need to anticipate the variety of problems we could encounter in our everyday work and make plans that we can implement in the event of a problem. The following are valuable preparedness tools that help us respond correctly and safely to an emergency or spill response situation. In addition, make sure that all training and preparedness planning is documented within SP digital recordkeeping platform.

1.1 Facility Planning/Preparation

1.1.1 Facility Response Plans

1.1.2 Site Security Plans

1.1.3 Spill Prevention Control and Countermeasure Plans (SPCC for aboveground oil storage)

1.1.4 Emergency Response Plans (City, County)

1.1.5 Risk Management Plans

1.1.6 Emergency contacts are up to date

1.1.7 Documents, policies, maps, site diagrams, etc.

1.2 Emergency Contacts

1.2.1 Post Emergency Contacts

1.2.2 Set-up third party contracts (e.g., disposal vendors, vac-truck service)

1.2.3 Meet with local emergency personnel (police/fire/LEPC)

1.3 Historical Spills (Root Cause and Lessons Learned)

1.3.1 Leaking totes/containers

1.3.2 Leaking totes/containers

1.3.3 Forklift/loading accidents

1.3.4 Broken hoses

1.3.5 Fill nozzles coming out

1.3.6 Overfills

1.3.7 Vehicle accidents/rollovers

1.3.8 Tank/bin failure

1.3.9 Chronic small spills and leaks

1.3.10 Fire

1.3.11 Weather/freezing conditions

1.4 Training

1.4.1 Safety and health training

1.4.2 Driver safety training (Smith’s Driving, new driver assessment, etc.)

1.4.3 Process specific training courses ( MSHA new miner, annual refresher training, site specific training, etc.)

1.4.4 First aid and CPR, first responder training, etc.

2. Notification

It is every employee’s responsibility to report all spills and releases to your immediate supervisor or safety department. If a major spill the safety department will work with executive management and third-party consultants (where applicable) in reporting reportable quantity spills or releases to government agencies whenever required, including to the National Response Center. An overall all summary of the notification process is listed below:

2.1 Incident Notification

2.1.1 Internal SP reporting

2.1.2 911

2.1.3 State Agency

2.1.4 City services (If applicable)

2.1.5 National Response Center (NRC) (when appropriate)

2.2 Emergency Contacts

2.2.1 Contact your supervisor, home office, GM etc. immediately, then the company safety department.

2.2.2 SP management along with the safety department will

coordinate with local, county, and or state agencies on reporting a spill.

2.2.3 SP management will coordinate with insurance and their

approved nationwide spill remediation team.

2.2.4 SP department will coordinate with onsite personnel on

completing a New Incident Report Form.

2.2.4.1 Primary Safety Depart. Phone: # 1-480-721-4789

2.2.4.2 Secondary Safety Depart. Phone # 1-208-391-2347

2.2.4.3 Online: following link to report a spill by completing a New Incident Report at https://bradhallcompanies.sharepoint.com/sites/Senergy- Safety

2.2.5 Reference the SP Incident Response Flow Chart

2.3 General Spill Response Protocol

2.3.1 If it is safe to do so stop the release

2.3.2 Contain the spill

2.3.3 Report the spill to your manager

2.3.4 Contact safety department for assistance on mitigation

actions

2.3.5 Report spill to Regulatory Agency(s) if appropriate

2.3.6 Clean up spill as quickly as possible

3. Prevention / Best Management Practices (BMPs)

Best management practices (BMPs) are control measures used to limit environmental impacts during our day-to-day operations. BMPs include, but are not limited to, housekeeping, environmental risk control improvements, waste management, and operational practices as listed below.

3.1 Housekeeping:

3.1.1 Daily sweeping

3.1.2 Applicator field washing

3.1.3 Load pads

3.1.4 Covered storage

https://bradhallcompanies.sharepoint.com/sites/Senergy-Safety https://bradhallcompanies.sharepoint.com/sites/Senergy-Safety

3.1.5 Age dating poly totes and tanks

3.2 Environmental Risk Control Improvements:

3.2.1 Load pads and secondary containment beyond regulatory

requirements

3.2.2 Spill kits

3.2.3 Drip pans

3.2.4 Load securement

3.2.5 Equipment washing procedures

3.3 Waste Management (Waste Management Program)

3.3.1 Rinsate (label use and application rates)

3.3.2 Used or residual hose product

3.3.3 Unused/outdated petroleum products properly disposed of

3.3.4 Don’t mix wastes

3.3.5 Recycle whenever possible

3.3.6 Label containers

3.3.7 Prevent accumulation (used oils, cleanup waste, may need it someday materials)

3.4 Operations

3.4.1 Understand the equipment being operated

3.4.2 Have clear operating policies

3.4.3 Ask and encourage questions on whatever isn’t understood

3.4.4 Watch stress and fatigue factors

3.4.5 Keep equipment maintained

3.4.6 Key program reviews

4. Response

To properly respond to a spill, the following steps are discussed below: be familiar with the SP Incident Reporting Policy; ensure your own safety; stabilize the spill if possible;

and document and investigate the incident as thoroughly as possible.

4.1 Initial steps to follow – When a spill occurs

4.1.1 Notify your supervisor or office that you have a spill/release

4.1.2 Get help on the way (call 911 if warranted)

4.1.3 Notify SP safety department of the spill/release – SP Incident

Reporting Policy

4.1.4 Report to proper authorities (usually done with help from your office)

4.1.5 Stop release if can be done safely

4.1.6 Try to minimize affected area/stop spread or migration of spill

4.1.7 Determine responsible party

4.1.8 Secure contaminated material

4.1.9 Await disposal decisions

4.2 Safety first – always!

4.2.1 No one should ever get hurt responding to a release

4.2.2 Never respond to a spill without first calling in the problem to your office

4.2.3 Don’t respond alone; have someone there to help in case of problems

4.2.4 Respond only to what you are equipped and qualified to

handle

4.3 Assess the potential hazards

4.3.1 Review SDS and labels

4.3.2 Complete an “all hazards review”

4.3.2.1 T – toxic

4.3.2.2 R – radiological

4.3.2.3 A – asphyxiant

4.3.2.4 C – chemical

4.3.2.5 E – etiological

4.3.2.6 M - Mechanical

4.3.3 Communicate the hazards

4.4 Stop and contain release

4.4.1 Shut off pump or valve as soon as possible

4.4.2 Dike, dam, or divert

4.4.3 Use absorbents

4.4.4 Containerize waste or put on poly/plastic

When the spill is stabilized and the waste contained, stop and review with management about disposal options for the impacted media. Do not do anything in this regard until reviewing the situation with SP management and an approved plan is finalized.

Improperly disposing of impacted media can cause major business disruption and can be a criminal offense.

4.5 Documentation

When safe to do so, always take as many pictures as you can of the spill event. This includes close up pictures of the release site/area to far away pictures to show any impact to surrounding area. As soon as possible, write down a written account of the spill event, what you did in response, times, date, weather, people you talked to etc.

Don’t wait to compile the documentation or you will forget many important details. All these details and pictures are to be compiled and sent to the Company safety department for review and safe keeping. See SP Incident Reporting policy for additional details.

4.6 Investigation

Whenever we have an incident, we need to look at the facts surrounding the release to determine if there are actions, we can do to prevent future incidents. This may involve maintenance, training, changes in procedures, or use of different equipment. The investigation is usually a collaborative effort between the person(s) involved, location personnel, and SP. Results are then entered into the Company’s data base so other locations can learn from the experience.

5. Waste Disposal Guidance

The Company assembled a waste management program for use by SP locations. The purpose of the program was to help identify waste streams at locations and determine whether they are solid or hazardous wastes. This program was created to provide guidelines on how to properly dispose of various types of waste that are commonly generated at SP locations. The program was broken down into four sections for ease of reference:

5.1 Provided a list of helpful acronyms.

5.2 Provided specific waste materials and how to properly dispose or recycle.

This section also included state-specific regulations, if any, for each waste type that may be more specific than federal regulations.

5.3 Included were appropriate contacts, websites, articles, and phone #’s to use if there were questions.

5.4 Provided a means to document a location’s site-specific waste materials and related disposal activities.

6. Environmental Expectations

The following environmental-related expectations apply to all SP employees. It is considered a basic requirement of each employee to meet these minimum expectations. Failure to do so may result in disciplinary action. It is expected that each SP employee will:

6.1 Follow Compliance: Understand and comply, to the best of your ability, with all environmental regulations and company environmental procedures.

6.2 Emergency Response Procedures: Follow your location’s emergency response procedures in accordance with your specific training, provided you have the proper resources and can do so safely.

6.3 Spill and Release Reporting:

6.3.1 Contact your supervisor, home office, GM etc. immediately, then the company safety department.

6.3.2 SP management along with the safety department will

coordinate with local, county, and or state agencies on reporting a spill.

6.3.3 SP management will coordinate with insurance and their

approved nationwide spill remediation team.

6.3.4 SP department will coordinate with onsite personnel on

completing a New Incident Report Form.

6.3.4.1 Primary Safety Depart. Phone: # 1-480-721-4789

6.3.4.2 Secondary Safety Depart. Phone # 1-208-391-2347

6.3.4.3 Online: following link to report a spill by

completing a New Incident Report at https://bradhallcompanies.sharepoint.com/sites/S energy-Safety

6.3.5 Reference the SP Incident Response Flow Chart

6.4 Waste Disposal: Not dispose of any material by burning or burying on-site unless you receive prior approval from SP operations and safety management. When the spill is stabilized and the waste contained, stop and review with management about disposal options for the impacted media. Do not do anything in this regard until reviewing the situation with SP management and an approved plan is finalized.

6.5 New Work Activities: Understand what the environmental requirements are for new work activities prior to engaging in that activity.

6.6 New Business Activities: Not engage in any property purchasing, or leasing, construction, or demolition activities without explicit approval from your manager.

If you have any questions about environmental requirements or procedures, and how they affect you, ask for help. It is SP responsibility to operate its locations in a responsible manner; it is your responsibility to ensure that you follow the established environmental procedures.

1470 N HORNE STREET | GILBERT, ARIZONA 85233 | PH. (800) 964-0076 | GoSenergy.com

Proposal Requirements for Experience and Capacity As a premier Arizona fuel distributor, Senergy Petroleum has strategic bulk plants, state of the art storage facilities, and sales offices in Phoenix, Tucson, Thatcher, and Yuma, AZ. This allows us to live and serve the entire state for all bulk fuel business. Senergy has become one of the area’s largest fuel supply companies because we provide a “one-stop” shop approach for fuel solutions to companies in every industry. Because of these advantages, we have strong relationships with leading nationwide suppliers.

Senergy Petroleum prides itself on its ability to navigate unforeseen circumstances and continue on its mission to provide quality products and services. Our experienced staff operate under our standard operating procedures, adhering to safety protocols and procedures every step of the way. Our trucks are maintained at the highest level of speculation to ensure a safe and timely delivery for both our employees and our customer.

Our personnel are required to take courses centered around OSHA, safety, and proper storage and handling of the products we sell and distribute on a regular basis. This lowers the risk of contamination or various proponents of injury for products being delivered. Senergy has implemented a health, safety, and environmental program with the intention of communicating risk and establishing controls to eliminate or mitigate potential hazards. The program is designed to be site-specific and serve as a guide to management and employees.

Examples of the program include: spills, safety, emergency action plan, incident reporting, and personal protective equipment.

We only use top ranked, quality products for our blending fuel additives capabilities when these products are requested from our customer. Our quality assurance process begins from the moment our drivers are assigned their daily truck and trip assignment. Drivers do pre- and post- delivery inspections for each trip assigned. Our trucks are tracked by GPS, and dispatched in the most economic and efficient way possible. Our fleet is outfitted with top-of-the-line fuel and lubricant dispensing equipment on the market.

To ensure the best quality to our customers: our executive team meets daily to discuss operations, safety, and product procurement. Our procurement department conducts monthly inventory audits to ensure the highest quality and availability of our products. Our sales management team audits on a weekly basis to ensure our account managers and customer service teams are upholding the highest degree of service.

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Describe in detail Offer's ability and capacity to perform under this Statewidw contract. The description shall at a minimum describe:

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1470 N HORNE STREET | GILBERT, ARIZONA 85233 | PH. (800) 964-0076 | GoSenergy.com

Proposal Requirements for Method of Approach

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