ESBD_570815_1792619282610_SOL_EXH_F.7_SOW.pdf

405-26R0025699 – Exhibit F.7

STATEMENT OF WORK

1. SCOPE

1.1 This specification describes gasoline and diesel fuel to include regular unleaded gasoline, reformulated gasoline, low sulfur diesel dyed, low sulfur diesel clear and aviation fuel to be delivered to TXDPS locations identified on the solicitation. TXDPS method of measurement will be used to determine the quantity of fuel delivered. Fuel furnished to these specifications shall meet all federal regulations and Texas Commission on Environmental Quality (TCEQ) requirements.

2. POSTED TERMINAL PRICE

2.1. The Oil Price Information Service (OPIS) net contract low price for the type of fuel specified in the solicitation on the day of delivery.

2.2. The posted terminal prices from the OPIS rack cities specified in the solicitation shall prevail throughout the life of the Contract.

3. VENDOR CONSTANT

3.1. The vendor constant is bid per gallon and is payable only on the number of gallons received by TXDPS.

3.2. The vendor constant includes petroleum products delivery fee, all loading fees, all freight and delivery charges, other operational overhead costs and the vendor’s profit margin.

3.3. Fuel bid price to include OPIS net price plus taxes

3.4. Vendor is responsible for identifying all additional charges not identified within the solicitation such as above ground/below ground tank pumping charges, excess fuel charges, etc.

4. PRODUCT SPECIFICATIONS: Fuel identified on the solicitation shall comply with the following corresponding requirements, and shall have the level of detergent additives recommended for engines equipped with fuel injection systems. It is the vendor’s responsibility to provide the proper type of fuel applicable to the delivery location. Examples include, but are not limited to Reformulated Gasoline in the Houston-Galveston-Brazoria and Dallas Metroplex area and dyed TxLED diesel in mandated east Texas counties.

4.1. REGULAR UNLEADED GASOLINE – Shall:

4.1.1. Comply with the requirements of ASTM D4814, latest revision.

4.1.2. Comply with the requirements of SAE J312, latest revision.

4.1.3. Have a minimum octane rating of 87, which shall be determined using the R+M/2 method.

4.2. REFORMULATED GASOLINE (RFG) – Also described as oxygenated gasoline:

4.2.1. Shall comply with the requirements set forth in the Code of Federal Regulations (CFR) Title 40 Sections

80.41 and 80.45.

4.2.2. Vendor shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery, in order to achieve minimum or maximum oxygen content limits specified per federal, state and local environmental requirements.

4.2.3. Shall have maximum 1% benzene content.

4.2.4. Oxygenate blending shall be accomplished by mechanical mixing, or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the result must meet specifications as mandated to all federal, state and local regulations.

4.2.5. The vendor shall provide, upon TXDPS’s request, a copy of the product transfer documents (PTD), authenticating the origin of the oxygenated fuel.

4.2.6. Vendor failure to provide the PTD to TXDPS, within seven working days of TXDPS’s request, may be grounds for purchase order cancellation without further cause.

4.3. NO. 2 DYED DIESEL FUEL, ULTRA LOW SULFUR – Shall:

4.3.1. Meet the requirements of the Texas Administrative Code (TAC) Title 30, Chapter 114, Subchapter H, Division 2, Sections 114.312-114.317 and 114.319, Alternative Emission Reduction Plan 114.318 will be accepted.

4.3.2. Comply with the requirements of ASTM D975, latest revision.

4.3.3. Comply with the requirements of ASTM D1552, latest revision.

4.3.4. Comply with the requirements of ASTM D482, latest revision.

4.3.5. Comply with the requirements of SAE J313, latest revision.

4.3.6. Contain diesel fuel winter additive during the months of December through March.

4.3.7. Have a minimum cetane number of 40.

4.3.8. Have a maximum .0015 weight percent of sulfur.

4.3.9. Have a maximum aromatic content of 35%.

4.3.10. Be free of visible evidence of blue dye 1.4 dialkylamine-anthraquinone.

4.3.11. Contain dye solvent red 164.

4.4. CLEAR DIESEL FUEL – In lieu of dyed diesel fuel, clear diesel fuel may be purchased with the following requirements:

4.4.1. The state of Texas $.20 per gallon motor fuel tax shall apply to clear diesel fuel.

4.4.2. If clear taxable diesel fuel is being provided, the vendor is solely responsible for filing and obtaining any applicable Internal Revenue Service (IRS) refund. A refund from TXDPS for such taxes shall not be claimed for purchases made under the purchase order.

4.5. AVIATION FUEL, JET A-1 – Shall:

4.5.1. Comply with the requirements of ASTM D1655, latest revision.

4.5.2. Have a primary chemical identity of Kerosine.

4.5.3. Have a maximum xylene concentration of 2%.

4.5.4. Have a maximum Ethylbenzene concentration of 2%.

4.5.5. Complex mixture of hydrocarbons consisting of paraffins, cycloparaffins, aromatic and olefinic hydrocarbons with carbon numbers predominantly in the C9 to C16 range.

4.5.6. May contain additional additives at <0.1% v/v each.

5. PRODUCT QUALITY: Fuel supplied under this purchase order shall be free from contamination.

5.1. Contamination is defined as any element, which enters pure refined gasoline or diesel fuel either naturally or by purposeful action, which is not a product of refined crude oil with the exception of winter additives, detergents, and identifying dyes.

5.2. TXDPS or its authorized representative, or both, reserves the right to test fuel quality before, during, and after unloading. The fuel will be rejected should test results show the fuel contains contamination.

5.3. The vendor shall be responsible for:

5.3.1. The removal of the fuel from TXDPS property within three working days after requested to do so, should test results show the fuel contains any contaminants.

5.3.2. All clean-up required to TXDPS property, storage facilities, and equipment as a result of noncompliance with specifications.

5.3.3. Any and all costs incurred by TXDPS for any equipment sustaining damage, due to contaminated fuel, delivered by the vendor.

5.4. Any aftermarket additive used shall be identified by brand name or trade name, or both. The manufacturer’s additive specifications shall be provided to TXDPS, upon request. Failure to provide the manufacturer’s additive specifications within seven working days of TXDPS’s request will be grounds for purchase order cancellation without further cause. An additive, if used, shall comply with EPA regulations, and shall be compatible with the refiner’s product. Additives which increase emissions of sulfur and other substances proven to damage the environment and which are disallowed by EPA regulations will not be accepted.

6. SPILLAGE AND CLEANUP: The vendor shall be responsible for all spillage, which may occur during transit, loading or unloading operations.

6.1. The vendor shall immediately report any spillage to the TXDPS office that ordered the fuel and clean-up the spillage within one working day of the time of spillage, or other time period as specified by TXDPS.

6.2. Clean up shall be performed in accordance with EPA and state of Texas guidelines and requirements.

Failure to do so will initiate corrective action and charge back to the vendor any costs incurred.

6.3. TXDPS reserves the right to deny delivery vehicles leaking fuel or other hazardous materials access to TXDPS property. The vendor will be notified of denied access and shall make delivery within one working day of notification with a TXDPS approved vehicle. If delivery is not accomplished within the time frame specified above, TXDPS may exercise the remedies detailed in Para. 13.7.

7. FUEL VAPOR CONTROL: Delivery trucks shall at all times comply with current state of Texas and federal regulations pertaining to fuel vapor control.

7.1. Trucks delivering to FOB points in Brazoria, Chamber, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller counties shall comply with TAC, Title 30, §115.221 through §115.239. https://www.sos.state.tx.us/tac/index.shtml

7.2. Trucks delivering to FOB points in counties other than those listed in Para. 7.1. may be required to comply with TAC, Title 30, §115.221 through §115.239.

7.3. Respondent should carefully read the solicitation to determine which FOB points, other than those mandated by law, require delivery trucks which comply with TAC, Title 30, §115.221 through §115.239.

8. STATE TAXES

8.1. The state of Texas $.20 per gallon motor fuels tax shall be included on the vendor’s invoice for unleaded gasoline and reformulated gasoline.

8.2. TXDPS is a bonded user of dyed diesel fuel and holds the related permit issued by the Texas Comptroller of Public Accounts (CPA).

8.2.1. The state of Texas tax on dyed diesel fuel shall not be included on the vendor’s invoice for diesel fuel.

8.2.2. TXDPS’s Dyed Diesel Bonded Users Permit is issued under Taxpayer number 1-74-6000170-8

9. FEDERAL EXCISE TAXES: TXDPS is exempt from federal excise taxes on gasoline and diesel fuel.

9.1. The vendor shall provide diesel fuel that is designated for sale as non-taxable.

9.2. A Federal Excise Tax Exemption Certificate will be furnished to the vendor at the time a purchase order is issued and at the time a purchase order is renewed.

9.2.1. Exemption certificates shall be good for a specific purchase order, requisition number, and time period.

9.2.2. Misuse of an exemption certificate by any seller or vendor, or both, will result in cancellation of the purchase order.

10. FUEL STORAGE TANK CAPACITY: Storage tank capacity and location are specified on the solicitation.

TXDPS reserves the right to add or remove fuel storage sites at the sole discretion of TXDPS.

10.1. TXDPS reserves the right to add or remove fuel sites at any time. In the event a site is added, the OPIS price for added site will be based on the nearest OPIS rack location/city.

11. ANNUAL USAGE AND DELIVERY QUANTITY: Estimated annual usage and estimated delivery quantity is specified on the solicitation. All quantities are estimated and no minimum quantity is guaranteed.

11.1. Delivery quantity restrictions are not allowed, and a response offered with such restrictions will be disqualified and not be considered for award.

https://www.sos.state.tx.us/tac/index.shtml

11.2. Deliveries made more frequently than requested and refusal to deliver quantities less, or more than those listed on the solicitation may be grounds for purchase order cancellation without further cause.

12. ORDERS: The vendor shall:

12.1. Provide a vendor point of contact and a local or toll free number for the placement of fuel orders.

12.2. Accept telephone orders between 8:00 a.m. and 5:00 p.m., local time, Monday through Friday, excluding regularly observed state of Texas and federal holidays.

12.3. If the order is made in error by TXDPS, then vendor will contact the Contract Monitor to see if the fuel can be delivered to another location. Otherwise, TXDPS will be charged a “dry run” fee. This fee must be clearly stated in response to this solicitation, and must remain constant for the life of the contract.

13. DELIVERY: The vendor shall:

13.1. Make delivery within two working days of the delivery request time, unless otherwise stated in the solicitation. TXDPS may require a shorter delivery time. Deliveries must be made regardless of current site inventory.

13.2. All fuel must be delivered within twenty-four (24) hours after receipt of order (ARO)

13.3. Make delivery between the hours of 8:00 a.m. through 4:00 p.m., local time, Monday through Friday, excluding regularly observed state of Texas and federal holidays.

13.4. Coordinate delivery with TXDPS. Vendor shall deliver fuel only to a location attended by TXDPS personnel.

13.5. Provide a delivery ticket for each fuel delivery. The delivery ticket shall indicate the number of gallons delivered into the TXDPS tank.

13.6. Obtain the signature of the TXDPS employee in attendance on the delivery ticket. One copy of the delivery ticket shall be left with the TXDPS employee. Failure to provide a delivery ticket with each fuel delivery and failure to obtain TXDPS employee signature may be grounds for non-payment of the invoice.

13.7. Provide delivery within the time frame specified in Para. 13.1/13.2., or as specified on the solicitation. If delivery is not accomplished as specified, TXDPS reserves the right to procure the fuel elsewhere and may bill the vendor the difference between the purchase order price and the actual purchase price.

14. METHOD OF MEASUREMENT: Delivered fuel shall be measured by the gallon. TXDPS’s method of measurement will be used to determine the quantity of fuel delivered. The vendor is responsible for ensuring that their vehicles have meters capable of accurately metering the volume of fuel or fuel-related product, and completing the measurements at each distribution.

15. INVOICING INSTRUCTIONS: The vendor shall provide a comprehensive and detailed invoice with reference to the basis for each item charged. Original documentation that validates the charges shall be attached. The original invoice shall be sent to the address shown on the purchase order to ensure timely payment and shall include the following:

15.1. Deliveries shall be invoiced separately and each invoice shall consist of an original and one copy.

15.2. Each invoice shall be itemized and shall include (Ref. Attachment B – Sample Invoice):

15.2.1. Complete purchase order number in the following format XXPXXXXXX

15.2.2. Federal Employer Identification Number (FEIN).

15.2.3. Name of TXDPS employee that placed the order.

15.2.4. Delivery address.

15.2.5. Date of order.

15.2.6. Date of delivery.

15.2.7. Name of OPIS rack city specified in the purchase order for posted terminal price.

15.2.8. The OPIS net contract low price for the fuel specified on the day of the delivery.

15.2.9. Type of fuel delivered.

15.2.10. Number of gallons delivered.

15.2.11. State of Texas motor fuel tax, Oil Spill Liability Trust Fund (OSLTF), Leaking Underground Storage Tank (LUST) fees, and state of Texas petroleum storage tank remediation fund fee, if applicable, shall be listed as separate line items and multiplied by the number of gallons delivered.

15.2.12. Vendor constant.

15.2.13. Additional charges such as: Pump offload fees, Demurrage and Diversion fees for excess fuel

15.2.14. Copy of delivery ticket with TXDPS employee signature of receipt.

15.2.15. Applicable discount (if any).

15.2.16. An invoice requiring correction shall be re-submitted with a new invoice date.

15.3. Failure to submit a correct invoice with all required documentation shall result in a disputed invoice. Payment will not be made until TXDPS has received a corrected invoice with all required documentation.

16. VENDOR NAME CHANGE: Should the vendor’s business name change, or should the vendor’s business be sold, transferred to, or assumed by a second party, written notification of the change shall be provided to TXDPS, by all vendor parties involved, no later than 30 calendar days from the date of change. Written notification should state the type of change, reason for change, and the CPA Payee Identification Number (PIN number) of all vendor parties involved, the Federal Employer Identification Number of all vendor parties involved, and legal documentation verifying the change. Failure to provide notification of the aforementioned changes, within 30 calendar days of the change, may be grounds for purchase order cancellation without further cause. NOTE: Additional documentation concerning the assignment of payments and acceptance of assigned payments may be required from the assignor and assignee with a list of all affected TXDPS purchase order numbers, requisition numbers, and effective dates.

17. USE OF STATE CONTRACT: If CPA enters into an area or statewide bulk fuel contract, TXDPS reserves the right to utilize the contract, or another TXDDPS designated method of purchase.

18. POST AWARD MEETING: The vendor may be required to participate in a post award teleconference with the TXDPD Procurement & Contract Services within 30 calendar days after the award of the purchase order. The purpose of the teleconference is to discuss the terms and conditions of the purchase order and to provide additional information regarding startup of service.

19. VENDOR DRIVERS: Ensure all delivery transport and bobtail vehicle operators (“drivers”), or subcontracted vehicle operators/drivers have a current Texas Commercial Driver's License (CDL) with required Hazmat endorsement for all drivers and Transport Endorsement for transport drivers to operate fuel delivery vehicles. All drivers must have: documentation to reflect current DOT 172.704 training, Transportation and Security Hazardous Materials every three years as required by 49 CFR (Code of Federal Regulations 172.704. 2) documentation to reflect Hazard Communication Standard training known as the “Right to Know and Understand Act” required by 29 CFR 1910.1200., 3) documentation to reflect Spill Prevention Control & Countermeasure Plan training as required by 40 CFR 112.