For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/santafenm

The City of Santa Fe on behalf of the

Santa Fe Solid Waste Management Agency

INVITATION TO BID (ITB)

Bulk Fuel and Diesel Exhaust Fluid

ITB#: FY27-ITB-002

Bid Due Date and Time: Thursday, July 30, 2026 by 2:00 pm

Table Of Contents

1. TERMS AND CONDITIONS

2. INFORMATION TO BIDDERS

3. STATEMENT OF WORK

4. SCOPE OF WORK

5. VENDOR QUESTIONNAIRE

6. EXISTING CONTRACT/AGREEMENT USAGE CLAUSE

I. TERMS AND CONDITIONS

Terms and Conditions

A. General: When the Agency and the City of Santa Fe’s Chief Procurement Officer (CPO) or designee approves a purchase document in response to the ITB, a binding contract is created.

B. Assignment: Neither the order, nor any interest therein, nor claim under, shall be assigned or transferred by the

Contractor, except as expressly authorized in writing by the Agency and/or Central Purchasing Division (CPD). Under this order, no such consent shall relieve the Contractor's obligations and liabilities.

C. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in the manufacturing process and then only to the extent, if any, specified in this order.

D. Cancellation/Default: The Agency reserves the right to cancel all or any part of this order without cost to the Agency, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the Agency due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the City, State, or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the Agency shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the

Contractor to meet the required delivery scheduled. The rights of the Agency provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

E. Items/Parts: All bid items/parts are to be NEW and of the most current production unless otherwise specified.

F. Discounts: Prompt payment discounts are welcome; however, they will not be considered in computing the low bid.

G. Inspection: Final inspection and acceptance will be made at the destination. Tangible Personal Property (goods) rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

H. Packing, Shipping, and Invoicing: The Contractor shall ship in accordance with the following instructions: Shipment shall be made only against specific orders which the Agency may place with the Contractor during the term. Delivery shall be made as indicated by the Agency. If Contractor is unable to meet stated delivery the Agency must be notified.

Freight/shipping costs shall be prepaid by the vendor, added at time of invoicing, and shown as a separate line item to be paid by user. The Agency shall only pay exact courier costs, without a markup.

1. The Purchase Order/Contract reference and the Contractor's name, Agency's name and location shall be shown on each packing and delivery ticket, package, bill of lading, and other correspondence in connection with the shipments. The Agency’s count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by packing tickets.

2. The Contractor's invoice shall be submitted duly certified and shall contain the following information: invoice number and date, description of the supplies or services, quantities, unit prices, applicable discounts, extended totals, applicable taxes and fees, and posted terminal price documentation from O.P.I.S. daily rack average price sheet (fuel only). Separate invoices shall be submitted and every completed order.

3. Invoices must be submitted to the Santa Fe Solid Waste Management Agency, 149 Wildlife Way, Santa Fe, NM

87506 and NOT the City of Santa Fe.

I. Payment Provisions: All payments under this Contract/Agreement are subject to the following provisions.

1. Acceptance - In accordance with Section NMSA 1978, Section 13-1-158, the Agency shall determine if the products or services provided meet specifications. Until the products or services have been accepted in writing by the Agency, the Agency shall not pay for any products or services. Unless otherwise agreed upon between the

Agency and the Contractor, within thirty (30) days from the date the Agency receives written notice from the

Contractor that payment is requested for services or within thirty (30) days from the receipt of products. Unless the

Agency gives notice of rejection within the specified time period, the products or services will be deemed to have been accepted.

2. Payment of Invoice - Upon acceptance that the products or services have been received and accepted, every effort will be made to process payments within thirty (30) days of receipt of a detailed invoice and proof of delivery and acceptance of the products hereby contracted or as otherwise specified in the compensation portion of the

Contract/Agreement documents.

J. Taxes: The Agency is tax-exempt for New Mexico State Business Tax Identification Number (NMBTIN) (formerly known as gross receipts tax) for the procurement of tangible personal property, but not for services. A tax-exempt certificate will be issued upon written request to the Agency. Such tax or taxes shall be added at the time of invoicing at the current rate and shown as a separate item to be paid by the Agency. The Agency is exempt from paying federal excise taxes on gasoline and shall not reimburse Contractor for any such expenses.Also, the Agency is exempt from paying state and federal excise taxes on diesel fuel and DEF fluid and shall not reimburse Contractor for any such expenses.Federal excise taxes shall be the sole responsibility of Contractor. Contractor shall be entitled to any credit or refund of excise taxes paid that is permitted under Section 6416 of the Internal Revenue Code of 1986.Other taxes and fees for gasoline and diesel may be applicable.

K. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties offered by the Contractor. The rights and remedies provided herein shall extend to the Agency and are in addition to and do not limit any rights afforded to the Agency by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

L. Price Adjustments: Unit prices for services and items quoted by the Contractor are to be firm for the term of the

Contract/Agreement. A request for a price adjustment as a result of an increase or decrease by the product manufacturer/supplier of such bulk fuel and DEF fluid is subject to approval by the Agency via an amendment to the

Price Agreement. Contractor shall submit to the Agency sufficient justification to support the request.

M. Late Delivery: It is expressly understood and agreed that, as a result of the public interest and because of the monetary losses that the Agency may incur as a result of failure to deliver the materials and services described in the

Contract/Agreement on time, that time is of the essence in the performance of this contract. It is agreed that damages resulting from late delivery can neither be accurately anticipated nor calculated. At the option of the CPO, the Agency may invoke the cancellation/default provisions of the Contract/Agreement contained herein.

N. Agency Furnished Property: Agency furnished property shall be returned to the Agency upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

O. Workers' Compensation: The Contractor agrees to comply with State laws and rules pertaining to Workers'

Compensation benefits for their employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Contract/Agreement may be terminated by the Agency.

P. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Agency are considered material to any work performed under this contract/agreement. Once a Purchase Order or Contract/Agreement has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Agency. Replacement of any

Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

Q. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Contract/Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Contract/Agreement. The records shall be subject to inspection by the Agency, City of Santa Fe Finance Department and the State Auditor. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Contract/Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

R. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

S. Non-Collusion: In signing this ITB and/or submitting electronically, the Contractor certifies they have not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with the bid submitted to CPD.

T. Nondiscrimination: Contractor doing business with the Agency must follow the Federal Civil Rights Act of 1964 and

Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

U. Penalties: NMSA 1978, Sections 13-1-28 through 13-1-199, impose civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

V. Power of Attorney: Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

W. No Additional Terms and/or Conditions will be Accepted.

II. INFORMATION TO BIDDERS

Schedule of Events

Issue ITB: July 13, 2026

Deadline for Written Questions: July 24, 2026, 5:00pm

Response to Written Questions: July 27, 2026, 5:00pm

Bid Due Date: July 30, 2026, 2:00pm

Recommendation of Award to Joint Powers

Board:

August 20, 2026

ITB Access and Bid Submission

Solicitation packets are available in the OpenGov Procurement Portal at https://procurement.opengov.com/portal/santafenm.

(On the Project page, use the “Search” bar to find the ITB. Anyone may view the ITB without logging in, however, you must be a registered vendor and logged in, to “Create Bid.”) https://procurement.opengov.com/portal/santafenm.

It is the Bidder's responsibility to ensure all documents are completely uploaded and submitted electronically via the OpenGov

Procurement Portal by the Bid due date and time. Such submissions will be considered sealed. Bidders must ensure their bids are correct, accurate, and correspond with any amendments (addenda) before submission. Complete and submit all required documents, including specifications, supporting materials, certificates, pricing, etc., through OpenGov as per instructions to form a complete, responsive bid (NMSA 1978, Sections 13-1-82 through 13-1-84 and 13-1-133).

Email: procurement-support@opengov.com if you’re having difficulty on the website.

• Procurement amendments are processed through OpenGov. If amendments (addenda) are processed, o before bids are submitted, ensure bids reflect the amendments;

o after bids are submitted, bidders must update the bid by clicking “modify” and updating the associated area(s)* to ensure bid reflects the amendment.

▪ *Bidders must replace the previously submitted documents if the amendment affects uploaded documents.

• Bidders must ensure adequate time is allowed for large uploads and to fully complete bid submittal by the deadline. Bids that are not both: (1) fully complete; and (2) received, by the deadline, will be deemed late. Further, bids that are not received by the deadline because the response was captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late.

LATE BIDS WILL NOT BE ACCEPTED. OpenGov will not allow late submissions. The OpenGov system will be the official time for responses to be submitted.

If you are working on your submission close to the deadline and the clock strikes 2:00 pm, the system will not accept your submission and may even log you out. This is not a system error—it is the result of waiting too long to submit. Bidders are responsible for planning accordingly and ensuring timely submission.

REMEMBER TO CLICK THE SUBMIT BUTTON!

LATE BIDS WILL NOT BE ACCEPTED

Procurement amendments (addenda) are processed through OpenGov. If amendments (addenda) are processed, o before bids are submitted, ensure bids reflect the amendments (addenda);

o after bids are submitted, bidders must update the bid by clicking “modify” and updating the associated area(s)* to ensure bid reflects the amendment (addendum).

▪ *Bidders must replace the previously submitted documents if the amendment (addendum) affects uploaded documents.

Individuals that require accommodation may contact the CPO or designee at least five (5) working days prior to the scheduled

Bid Opening.

Travis Dutton-Leyda, CPO

Chief Procurement Officer

City of Santa Fe tkduttonleyda@santafenm.gov https://procurement.opengov.com/portal/santafenm/projects/279678 https://procurement.opengov.com/portal/santafenm/projects/279678 mailto:tkduttonleyda@santafenm.gov

Any inquiries or requests regarding this procurement should be submitted, in writing, to the OpenGov Procurement Portal:

Bidders may contact ONLY the Project Contact and the CPD regarding this procurement and its terminology via the OpenGov

Procurement Portal. Answers and information provided by any other employees shall not be considered official.

Bidders shall promptly notify CPD – purchasing_ITB@santafenm.gov of any ambiguity, inconsistency, or error which they may discover upon examination of this ITB. Any response made by the Agency will be provided in writing to all potential bidders by way of amendments (addenda) or Questions and Answers, verbal responses shall not be considered official.

Laws and Regulations

The Bidder's attention is directed to the fact that all applicable Federal Laws, State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the subject of this ITB shall apply to the ITB throughout, which will be deemed to be included in the ITB the same as though written out in full.

Bid Opening

Bid opening will be conducted via Microsoft Teams as follows:

Date: Thursday, July 30, 2026

Time: 2:00 pm Mountain S/D Time (US and Canada)

Web Address: Link to Microsoft Teams Bid Opening

Disclosure of Bid Contents

All bids will be kept confidential until a Contract/Agreement is awarded. At that time, all bids and documents pertaining to the bid will be open to the public, except for the material that is proprietary or confidential.

Proprietary or confidential material shall be readily separable from the bid in order to facilitate eventual public inspection of the non-confidential portion of the bid. Confidential data is generally restricted to confidential financial information about the Bidder’s organization and data that qualifies as a trade secret under the Uniform

Trade Secrets Act, Sections 57-3A-1 to 57-3A-7 NMSA 1978. The price of products offered or the cost of services bid shall not be designated as proprietary or confidential information.

If a request is received for disclosure of material for which a Bidder has made a written request for confidentiality, the Chief Procurement Officer shall examine the request and make a written determination that specifies which portions of the bid should be disclosed. Unless the Bidder takes legal action to prevent the disclosure, the bid will be disclosed. The bid shall be open to public inspection subject to any continuing prohibition on disclosing confidential data.

Brand Name Specifications, NMSA 1978, Section 13-1-33

May be authorized ONLY if required to match existing equipment and is determined by the CPO, to be in the best interest of the Agency.

Brand Name or Equal, NMSA 1978, Section 13-1-34

Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to restrict competition.

Bidders shall clearly indicate that it is offering an "equal" product unless the Bidder is offering the brand name product(s) referenced in the inquiry. Should any specified brands or models be listed incorrectly, discontinued or improved, the Bidder shall https://procurement.opengov.com/portal/santafenm/projects/279678 https://procurement.opengov.com/portal/santafenm/projects/279678 https://procurement.opengov.com/portal/santafenm/projects/279678 mailto:purchasing_ITB@santafenm.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWFjZmRiZDYtYzlkOC00ZDA4LWJkMzMtY2Y5MmFlNWY5ZGIw%40thread.v2/0?context=%7b%22Tid%22%3a%2277b69f5a-55ed-4363-8616-4867b0bc707f%22%2c%22Oid%22%3a%221a05b75d-789e-4d46-849e-c34d09c04400%22%7d note such changes in their responses and include the pertinent details regarding the change. In the event the item has been discontinued, the Bidder will be allowed to propose comparable goods or services along with the necessary supplemental documentation supporting their position.

The Agency reserves the right to evaluate “or equal” or any line of the SOW that does not exactly meet the requirements. The

Agency also reserves the right to evaluate based on the specified brands and/or model submitted by the bidder and review all specifications to ensure that the specified brands and/or model meet or exceed the specifications listed in the SOW and deny the bid with justification if the minimum requirements are not met. If bidding “equivalent,” bidders must be prepared to furnish

“complete data” upon request, preferably with the bid, to avoid delay in award.

Method of Award

The Agency reserves the right to award the ITB to the responsible bidder(s) submitting a responsive bid with resulting

Contracts/Agreements that are most advantageous and in the best interest of the Agency. The Agency also reserves the right to award to multiple Bidders to meet the needs of the Agency in accordance with NMSA 1978, Section 13-1-153.

Awards will be made to the lowest responsive and responsible bidder as determined by an evaluation of pricing in accordance with the specifications, terms, and conditions of this solicitation. Pricing may be evaluated in a manner that best reflects industry standards and the operational needs of the Agency, including but not limited to unit pricing, extended pricing, estimated usage, historical usage, anticipated demand, total cost of ownership, and lifecycle costs.

The Agency may evaluate items individually or in the aggregate and may consider extended quantities over the anticipated Contract/Agreement term where usage varies by item. Certain items may be required in high volumes while others may be needed in limited quantities, and evaluation may reflect these differences to determine the overall best value to the Agency.

The Agency reserves the right to award the entire bid, by groups, by individual items, or by any combination thereof, as determined to be in the best interest of the Agency.

CPO may waive irregularities and recommend an award serving the Agency's best interest.

F.O.B. Destination requires delivery to the department location before ownership transfers. Any exception may deem the bid non-responsive.

Visit the linked website for instructions (search vendor guides):

https://opengov.my.site.com/support/s/procurement

Identical Bids

If two or more identical bids are received, the Chief Procurement Officer will apply the process described in NMSA 1978, Section

13-1-110 of the New Mexico Procurement Code.

Recommendation of Award

The Agency anticipates awarding the Contract(s)/Agreement(s) during the regular scheduled Joint Powers Board meeting on

August 20, 2026; however, the meeting's date is tentative and subject to change without notice.

Rejection or Cancellation of Bids

The CPO or designee shall have the right to reject or cancel any or all bids, and to reject a bid not accompanied by the data required by this ITB, or a bid which is in any way incomplete or irregular.

The ITB may be canceled, and any or all bids may be rejected in whole or in part, when it is in the Agency's best interest. Any ambiguity in the bid as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions https://opengov.my.site.com/support/s/procurement and all conditions shall be construed in favor of the Agency. A determination containing the reasons shall be made part of the project file (NMSA 1978, Section 13-1-131).

Prohibitive Bidding

If any Bidder is of the opinion that the specifications as written preclude them from submitting a bid on this ITB, it is requested that his opinion be made known to the CPO or designee, in writing, at least seven (7) days prior to the bid opening date.

Protest Deadline

Any protest by a Bidder must be timely submitted and conform to NMSA 1978, Section 13-1-172 and applicable procurement regulations. The fifteen (15) calendar day protest period shall begin on the day following the Contract/Agreement award and will end by the close of business fifteen (15) calendar days after the Contract/Agreement award. Protests must be written and must include the protestor's name and address and the ITB number. Protests must also contain a statement of grounds for protest, including appropriate supporting exhibits, and specify the ruling requested. Protests must be addressed and delivered to:

Travis Dutton-Leyda

Chief Procurement Officer

City of Santa Fe tkduttonleyda@santafenm.gov

Protests received after the deadline will not be accepted. The Agency reserves the right to implement the terms of the

Contract/Agreement with the successful Bidder during the pendency of the protest.

Agency Rights

The Agency reserves the right to accept all or a portion of a bid.

Right to Publish

Throughout this procurement process and Contract/Agreement term, potential Bidders and contractors must secure from the

Agency written approval before releasing any information that pertains to the potential work or activities covered by this procurement or the subsequent Contract/Agreement. Failure to adhere to this requirement may result in disqualification of the

Bidder's bid or termination of the Contract/Agreement.

Compliance with the City of Santa Fe and Santa Fe County's Minimum Wage Rate Ordinances

(Living Wage Ordinances)

Compliance with the City of Santa Fe and Santa Fe County’s Minimum Wage Rate Ordinances (Living Wage Ordinances). The vendor must comply with the current living wage rate and requirements posted on this page:

City of Santa Fe: https://santafenm.gov/economic-development/business-resources/living-wage-information

Santa Fe County: https://www.santafecountynm.gov/livingwage

Preferences

New Mexico Resident / Native American Resident / Veteran Resident Business Preferences: To receive the Preference pursuant to NMSA 1978, Section 13-1-22 (as amended), the Bidder must submit a copy of a valid Resident Business certificate issued by the New Mexico Department of Taxation and Revenue with its bid.

When a public body makes a purchase using a formal bid process, the public body shall deem a bid submitted by a:

(1) New Mexico resident business or Native American resident business to be eight percent lower than the bid actually submitted; or mailto:jlovato@santafenm.gov https://santafenm.gov/economic-development/business-resources/living-wage-information https://www.santafecountynm.gov/livingwage

(2) resident veteran business or Native American resident veteran business with annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year to be ten percent lower than the bid actually submitted.

The New Mexico Resident Business or Native American Resident Business Preference is not cumulative with the New

Mexico Resident Veteran Business or Native American Resident Veteran Business Preference.

Local Preference: Local preference is not applicable pursuant to the County’s 2013 Purchasing Procedures and Finance Policy.

Bid Security

None required.

Preparation of Bid

To avoid errors and misunderstandings, attached bids must have all blank spaces and prices filled in accurately. In the event there is a zero discount/price, indicate as such by entering a ‘0’. Failure to do so may result in rejection of the bid.

This ITB may be canceled or any and all bids may be rejected in whole or in part whenever the Agency determines it is in the

Agency's best interest to do so.

Bid Tabulations

If applicable, bid tabs will be created by and available on the OpenGov Procurement Portal after the Bid

Opening Date.

To avoid errors or misunderstandings, bids must be accurately typed in the OpenGov (PRICE SCHEDULE).

Any corrections or changes must be made in OpenGov before the scheduled Bid Opening date and time. Failure to do so may result in rejection of the bid. Modifications must occur before the scheduled bid opening for consideration; no bid modifications allowed post-opening. Bidders reporting mistakes may withdraw bids prior to the submission due date.

Interpretations and Amendments (Addenda)

No oral interpretation of the meaning of any section of the ITB will be binding. Oral communications are permitted to assess the need for an amendment (addendum). Any questions concerning the ITB must be addressed prior to the date set for receipt of bids.

Every request for such interpretations should be submitted as a question through OpenGov Procurement Portal to be given consideration and must be received at least five (5) days prior to the date set for receipt of bids. Other Agency employees do not have the authority to respond on behalf of the Agency.

Any and all such interpretations and any supplemental instruction will be in written amendments (addenda) to the ITB, which, if issued, will be sent to all prospective Bidders through the OpenGov Procurement Portal not later than three (3) days prior to the date set for receipt of bids. Failure of any Bidder to receive any such amendments (addenda) or interpretations shall not relieve

Bidder from any obligation under their bid as submitted. All amendments (addenda) so issued shall become part of the

Contract/Agreement documents.

Amendments (addenda) will be distributed through the OpenGov Procurement Portal.

The Agency reserves the right not to comply with these time frames mentioned above if an amendment (addendum) is required to extend the bid deadline or cancel the ITB due to significant justification(s) that are in the Agency's best interest.

Estimated Quantities

Estimated quantities of fuel and DEF fluid products purchased have been provided for the interested Bidder’s use during submittal. The Agency assumes no liability in the event actual quantities ordered do not equal stated estimated quantities. Not all items listed are purchased each year. The quantities provided are for information https://procurement.opengov.com/portal/santafenm/projects/279678 only. Quantities of bulk fuel and DEF fluid purchased under this Price Agreement will vary based upon Agency needs throughout the duration of the Contract/Agreement.

Indefinite Quantity Agreement

The items and/or services to be ordered shall be listed on the Bid Form. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by the Agency that any order for any definite quantity will be issued under this Price Agreement. The

Bidder is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order.

Multiple Award

Pursuant to Sections 13-1-153 and 13-1-154 NMSA 1978, the Agency reserves the right to issue multiple awards to obtain the items specified. Multiple awards are recommended to ensure availability and timely delivery of services. The Agency may award Contracts/Agreements to multiple bidders under the indefinite quantity agreement or “on-call” procurement process.

Definitions and Terms

A. Addendum or Amendment: a written or graphic instrument issued prior to the opening of Bids, which clarifies, corrects, or changes the Invitation to Bid.

B. Agency: means the Santa Fe Solid Waste Management Agency.

C. Bidder: means the companies or firms submitting a bid in response to this Invitation to Bid.

D. BuRRT: means the Buckman Road Recycling and Transfer Station.

E. Central Purchasing Division (CPD): means the office responsible for the control of procurement of items of tangible personable property, services or construction.

F. Chief Procurement Officer (CPO): means that person within the Central Purchasing Office who is responsible for the control of procurement of items of tangible personable property, services or construction.

G. City: means the City of Santa Fe.

H. Close of Business: means 5:00 p.m. Mountain Time.

I. Contractor: means the successful Bidder who enters into a binding Contract/Agreement.

J. Contract/Agreement: means the Agency's Agreement for the procurement of items of tangible personal property, services or construction, including all exhibits attached to it and incorporated in it by reference, and all amendments in accordance with its terms. Contract/Agreement can mean a Professional Services Agreement, Services Agreement, Construction Agreement or Price Agreement.

K. Desirable: means the terms "can," "may," and "should" indicate a discretionary item or factor.

L. Determination: means the written documentation of the Chief Procurement Officer's decision, including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains (NMSA 1978, Section 13-1-52).

M. Invitation to Bid: or "ITB" means all documents, including those attached or incorporated by reference, used for soliciting bids (NMSA 1978, Section 13-1-102).

N. Joint Powers Board (JPB): means the governing body of the Santa Fe Solid Waste Management Agency that operates the Caja del Rio Landfill and Buckman Road Recycling and Transfer Station.

O. Landfill: means the Caja del Rio Landfill.

P. Mandatory: means the terms "must," "shall," "will," "is required," and "are required" indicate a mandatory item or factor that will result in the rejection of the Bidder's bid.

Q. Multi-Term Contract: means a Contract/Agreement having a term longer than one year (NMSA 1978, Section 13-1-

68).

R. Purchase Order: means a fully executed purchase document issued by the City that specifies the items and services to be provided by the Contractor.

S. Responsible Bidder: means a Bidder who submits a responsive bid and who has furnished, when required, information and data to prove that the Bidder's financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the invitation to bid (NMSA 1978, Section 13-1-82).

T. Responsive Bid: means an offer that conforms materially to the requirements in the invitation to bid. Material respects of the invitation to bid include, but are not limited to, price, quality, quantity or delivery requirements (NMSA 1978, Section 13-1-84).

U. Services: means the furnishing of labor, time or effort by a Contractor not involving the delivery of a specific end product other than reports and other materials merely incidental to the required performance. Services include the furnishing of insurance but do not include construction or the services of employees of the Agency (NMSA 1978, Section 13-1-87).

V. Staff: means any individual who is a full-time, part-time, or independently contracted employee with the Bidders' company.

III. STATEMENT OF WORK

Purpose and Objectives

The Santa Fe Solid Waste Management Agency (Agency) intends to establish a price agreement(s) for the purchase and delivery of bulk fuel and diesel exhaust fluid (DEF). The Agency operates a variety of vehicles, heavy and industrial equipment in support of its operations.

Purchase Orders

Under the terms and conditions of this Invitation to Bid (ITB) and any resulting Contract/Agreement, the City on behalf of the Agency, may issue Purchase Orders (POs) for the items and/or services described herein. All terms, conditions, specifications, and pricing set forth in the ITB and resulting Contract/Agreement are incorporated by reference and shall govern each order issued.

Items and/or services shall be ordered in accordance with the Price Schedule. Each order issued under this

Contract/Agreement shall reference both an order number and an authorized PO number.

Only written POs issued and signed are valid and binding. Vendors shall not provide goods or perform services without a valid, authorized PO. Vendors are responsible for ensuring that the PO expiration date, when applicable, remains current and in effect for the duration of any services and/or delivery of goods. POs generally expire on June 30 of each fiscal year; vendors must obtain a new, valid PO prior to continuing work beyond the expiration date.

Items and/or services furnished under this Contract/Agreement shall conform to all applicable specifications, requirements, and drawings associated with the Price Schedule. Orders may identify items by reference to item numbers, descriptions, and pricing and may not fully restate all specifications; however, all applicable requirements of the ITB and resulting Contract/Agreement remain in effect.

Term and Effective Date

The term of the subsequent Contract/Agreement shall be awarded for one (1) year from the date of signed

Agency approval, and can be extended and renewed annually for up to ten (10).

Insurance Requirements

The Awarded Contractor shall procure and maintain at the Awarded Contractor’s own expense, insurance of the kinds and in amounts herein required. This insurance shall be provided by insurance companies authorized to do business in the State of New Mexico and shall cover all operations under the Contract/Agreement, whether performed by the Awarded Contractor, the Awarded Contractor's agents, or employees, or by subcontractors.

All insurance provided shall remain in full force and effect for the entire period of the work, up to and including final acceptance, and the removal of all equipment, employees, agents, and subcontractors therefrom.

The awarded contractor shall procure and maintain, at the contractor’s sole expense, all insurance required by this solicitation and Contract/Agreement, as well as any additional types of insurance that are customary, standard, or reasonably required within the contractor’s industry for the performance of the services or delivery of goods under this Contract/Agreement. The contractor represents and warrants that it is knowledgeable of and complies with all insurance requirements applicable to its industry and scope of work.

The Agency’s failure to specify a particular type of insurance shall not relieve the contractor of responsibility for maintaining appropriate industry-standard coverage.

All insurance shall be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all operations performed under the Contract/Agreement, whether conducted by the contractor, its officers, agents, employees, or subcontractors. The contractor shall require all subcontractors to maintain insurance consistent with these requirements and is responsible for verifying compliance.

All required insurance shall remain in full force and effect for the entire term of the Contract/Agreement, including any extensions, and through final acceptance of the work, as well as the removal of all equipment, personnel, agents, and subcontractors from Agency premises.

The awarded contractor shall name the Agency, its officers, officials, employees, and volunteers as Additional

Insureds on all required liability insurance policies, except where prohibited by law. Coverage afforded to the

Agency shall be primary and non-contributory with respect to any insurance carried by the Agency.

Within a reasonable time after notification of tentative award, and prior to Contract/Agreement execution or commencement of any work, the contractor shall provide the Agency with certificates of insurance and required endorsements evidencing compliance with all insurance requirements of this solicitation and

Contract/Agreement. Such documentation shall be provided promptly upon request and shall be subject to review and approval by the Agency. Failure to provide acceptable proof of insurance in a timely manner may result in withdrawal of the tentative award or delay in Contract/Agreement execution, at the Agency’s sole discretion.

The Agency reserves the right, at any time during the term of the Contract/Agreement, to require the contractor to provide evidence of additional insurance coverage determined by the Agency to be reasonably necessary based on the nature of the work, changes in scope, or identified risk exposures. The Agency may independently verify compliance, including conducting research or benchmarking against industry standards.

All insurance policies shall provide that coverage shall not be canceled, materially reduced, or allowed to expire without at least thirty (30) days’ prior written notice to the Agency.

The procurement and maintenance of insurance by the contractor shall not be construed as limiting the contractor’s liability or obligations under the Contract/Agreement.

Conditions

The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the

ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package.

Failure to do so or any attempt to vary or change the conditions or specifications of the ITB shall, at the discretion of the Agency, constitute grounds for rejection of the entire bid.

Compensation

The prices quoted herein represent the basis of compensation to be paid by the Agency for goods and/or services provided. It is understood that the Awarded Contractor providing said goods and/or services to the

Agency is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, travel/lodging and any other items necessary to complete the work provided. The prices quoted in this Contract/Agreement include an amount sufficient to cover such costs. When bidding, enter the amounts for the respective bid item unit prices to a maximum of four (4) decimal places.

The Awarded Contractor shall be considered an independent entity and not an employee of either the City of

Santa Fe or the Agency. The Agency shall provide directions regarding the time and place of performance and compliance with rules and regulations required by this Contract/Agreement.

All interested Bidders and Awarded Contractor, at a minimum, must be able to provide the products and/or services identified within the scope of work of this ITB.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

IV. SCOPE OF WORK

General Conditions

To establish a price agreement for the Agency for the purchase and delivery of bulk E10 gasoline, diesel fuel and Diesel Exhaust Fluid (DEF).

The Agency utilizes aboveground storage tanks (ASTs), mobile tanks and totes at the following locations:

o Caja del Rio Landfill – 149 Wildlife Way, Santa Fe, NM 87506

▪ One 6,000-gallon AST for diesel fuel; 4,000 gallons (average) delivered approximately every quarter

▪ One 500-gallon AST for unleaded gasoline; 500 gallons (average) delivered approximately monthly

▪ One 350-gallon tote (with pump) for DEF fluid; 200 gallons (average) delivered approximately every six weeks o Bidder's Location

▪ One 2,000-gallon mobile fuel tank for diesel fuel: 1,800 gallons (average) approximately weekly or twice weekly.

H.

The estimated annual quantities for the Agency are as follows:

Type Quantity (gallons)

Diesel Fuel 110,000

E10 Gasoline 7,000

Diesel Exhaust Fluid (DEF) 2,200

Award will be based on delivery to the locations identified in this Price Agreement. Additional tank sizes and locations not identified in this Price Agreement may be utilized in the future.

The quantities listed are for estimated purposes only and the Agency does not guarantee that the stated amount or any amount will be purchased.

Award shall be made for all fuel types (if applicable). Specifications shall indicate manufacturer's maximum allowable sulfur content.

Any aftermarket additive used shall be identified by brand or trade name and manufacturer's specifications provided with the bid. An additive, if used, shall be Environmental Protection Agency (EPA) approved, and compatible with the refiner's product. Additives which increase emissions of sulfur and other substances proven to damage the environment which are disallowed by EPA regulations will not be accepted.

Product Specifications

Fuels shall have a high level of detergent additive as recommended for engines equipped with fuel injection systems. Alcohol or alcohol blended fuels are not allowed in diesel fuels only.

A. E10 gasoline with 10% ethanol, ASTM designation D439, SAE J312 (most recent issues) with a minimum octane rating of 86 minimum (r+m/2 method). Gasoline is to contain 10% ethanol by volume.

B. No. 2 diesel fuel, ultra-low sulfur diesel (ULSD), ASTM designation D975, SAE J313, (most recent issue) with a minimum cetane number of 40, maximum of 0.05 weight percent of sulfur, maximum aromatic content of 35 volume percent, viscosity of min. 1.9 and max. 4.1, distillation of min. 282 and max. of 338, carbon residue of 0.35 approx. Cloud point of min. of -20 degree Celsius and maximum of

40 degree Celsius.

Diesel No. 2 shall be free of visible evidence of the blue dye 1.4 dialkylamine anthraquinone. Dye solvent red

164 or clear (white) low sulfur diesel fuel is acceptable; however, the Contractor is solely responsible for filling and obtaining any applicable IRS refunds if clear taxable fuel is provided. If dye solvent red 164 diesel is provided, Contractor is solely responsible for all confirmation and documentation required by EPA and IRS.

Diesel fuels shall meet ASTM D-1552 for sulfur test, ASTM D482 for ash content, and the standards published in SAE HS-23 (or most recent issues).

Diesel fuel winter additive and oxygenated unleaded fuel may be required for the months of November through

March. Fuel manufactured for use during these months is acceptable, SAE D975 (most recent issues).

Diesel exhaust fluid (DEF) should be American Petroleum Institute (API) Certified and meet International

Organization for Standardization (ISO) 22241 specifications (most recent issues). Product must be produced, stored, and handled in accordance with these standards, and must be packaged using DEF-dedicated equipment to eliminate the potential for cross-contamination. High-quality urea must be premixed only with pure water to meet DEF fluid properties. DEF shall be compatible with all diesel selective catalytic reduction (SCR) systems, non-toxic, non-hazardous, and non-flammable solution of 67.5% purified water and 32.5% pure urea (+ 0.7).

Sampling and Testing

Fuels provided under this Price Agreement shall be free from contamination.

Random sample tests for all fuels may be performed at time of delivery to ensure the fuel meets specifications.

Testing costs will be paid by the Agency unless the sample is not in compliance, in which case the cost will be borne by the Contractor.

Fuel testing shall be ordered by the Agency using a qualified laboratory if Agency vehicles and/or pieces of heavy equipment require repairs to the fueling system, engine, or diesel selective catalytic reduction (SCR) systems as a result of using fuels or DEF fluid provided under this Contract/Agreement. If the malfunction is proved to be the result of the fuel or delivered, the Contractor shall be responsible for all repairs necessary to return the vehicle(s) and/or pieces of heavy equipment to good operating condition.

To determine whether the proposed DEF fluid conforms to these specifications, the Agency reserves the right to test and/or inspect proposed product. Tests and/or measurements other than those listed above may also be performed, as determined by the Agency. Upon request by the Agency, the bidder must submit samples for tests and inspection, at no cost to the Agency.

If the Agency determines that the delivery does not comply with specifications herein, the Contractor will be notified via e-mail or phone. Contractor shall have 48 hours from the time of notification to rectify the problem to the satisfaction of the Agency and/or remove the product, if circumstances dictate.

Orders and Delivery

Fuel quantity shall be measured by the gross gallon, with a metered delivery truck bearing a current New

Mexico Department of Agriculture approval seal.

Contractors not using metered trucks are grounds for termination. Delivery locations and storage tank capacities are identified in this Price Agreement. The Agency reserves the right to inspect bulkheads and meter measure contents of any tanks before, at the time of and/or after delivery. All tanks have been identified within this agreement (e.g., aboveground and mobile storage tanks). Contractors shall be prepared, upon delivery, for pumping into these types of tanks.

An authorized Agency representative must be on site at the time of any delivery. It is mandatory that the

Contractor secures both a printed name and signature of the Agency representative receiving the delivery.

All fuels that require blending shall be blended at the Contractor's blending facility or at their suppliers’ facility, not in the tanker that is used for delivery nor on-site. Failure to provide this service will result in immediate cancellation of a Contract/Agreement with the Agency upon written notice to the Contractor.

All deliveries shall be made within twenty-four (24) hours after receipt of order (phone or written), excluding weekends (Saturdays and Sundays) and any state/federal holidays observed by the Agency. Deliveries shall be during normal operating hours for the Agency, unless different parameters are mutually agreed upon, in writing, between the Contractor and Agency’s representatives. Any delivery to the Agency that is delayed because of the

Contractor’s fault shall be paid for at the originally ordered oil price information service (O.P.I.S.) price.

Service trucks with large fuel tanks may be fueled by Contractor closest to job site.

Notwithstanding the existence of this agreement, the Agency reserves the right to order any fuel product(s) required for emergency purpose from any Contractor who can deliver such product(s) to meet the requirements of the Agency, without waiving or voiding any of the terms of this agreement.

All prices shall be F.O.B. destination to the delivery location designated by the Agency. Contractor shall retain title and control of all goods until they are delivered and the Contract/Agreement coverage has been completed.

All risk of transportation and all related charges shall be the responsibility of the Contractor.

Contractor shall be responsible for all spillage which may occur during transit and unloading operations.

Contractor shall immediately report spillage to the Agency, the appropriate fire department, and any agency with regulatory authority over hazardous materials spills. Contractor shall contain and remediate the spillage according to US EPA and State of New Mexico regulations and guidelines. Contractor shall be responsible for containment and cleanup costs of not only the immediate area but also all affected areas such as, but not limited to, surface, subsurface and water.

Contractor shall also be responsible for all cleanup required to all Agency property, storage facilities, and equipment as a result of noncompliance with specifications. Furthermore, Contractor shall be fully responsible for any and all costs incurred by the Agency for any equipment sustaining damage, which is attributed to a contaminated fuel(s), which Contractor has delivered.

Pricing Structure

Price(s) bid shall be on a per gallon complete delivered price. Contractor's markup fee shall include all

Contractor's costs.

Any applicable tax shall be added separately to the invoice at the time of delivery only if Contractor is liable for tax.

Any winter additive added to diesel fuel shall be added separately to invoice at the time…