ITB 21-094-GS Regional Fuel Supply Cooperative.pdf

ITB #21-094-GS

Rev. 5/19/2020

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS & SERVICES

Bid No.: 21-094-GS Closing Date: October 7, 2021 Time: 2:00 PM PT

Description: Regional Fuel Supply Cooperative

Purchasing Analyst: Ramie Alkire, 541-685-7413, ramie.alkire@eweb.org

Prebid Conference: No

This is a COMPETITIVE SEALED PROCUREMENT. NO ELECTRONICALLY SUBMITTED BIDS will be allowed.

SEALED BIDS will be received until the closing date and time noted above by the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Ramie Alkire.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Analyst listed above, unless otherwise stated in Part 2 “Special Terms and Conditions”. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Analyst listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Bidders”.

TABLE OF CONTENTS

Section Description

Legal Advertisement

1 Instructions to Bidders

2 Insurance Requirements

3 Sustainability

4 Technical Requirements / Scope of Work

5 Bid Form

Attachments

B Bidder Residency Information

C Recycled Products Certification/Sustainability Questionnaire

Exhibits

1 Sample Contract with Standard Terms & Conditions

2 Restrictions on Lobbying Certificate

3 Agency Delivery Location Information

4 Delivery Zones

LEGAL ADVERTISEMENT

Regional Fuel Supply Cooperative

The Eugene Water & Electric Board (EWEB) as the administering contracting agency as defined in ORS 279C.200(a) is soliciting a joint cooperative procurement for the Greater Oregon Fleet Cooperative (GOFC) wherein qualified Contractors are invited to submit bids to provide unleaded gasoline and diesel fuel to be delivered in bulk and offered at card-lock stations for participating GOFC Members agencies.

The contract will be for a period of two (2) years, with the option to renew for additional periods, not to exceed five (5) years total.

Bids shall be submitted to Ramie Alkire, Purchasing Analyst, Roosevelt Operations Center, 4200 Roosevelt Blvd., Eugene, OR 97402, before 2:00 PM on October 7, 2021. Bids will not be accepted after this hour and date.

ITB documents may be obtained from the Purchasing Department at the address above, by calling (541) 685-7500, or you may download the ITB documents from the State of Oregon's bid site ("ORPIN"):

https://orpin.oregon.gov. (For navigation help, contact the Purchasing Analyst.)

All bids shall be submitted as set forth in Section 1 - Instructions to Bidders. EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No bid may be withdrawn after the hour set for the opening thereof until the elapse of sixty (60) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities; may cancel the Invitation to Bid; and may reject any or all bids pursuant to EWEB Rule 3-0640.

Dated this 15th day of September 2021.

Ramie Alkire Purchasing Coordinator https://orpin.oregon.gov/

1. INSTRUCTIONS TO BIDDERS

All bids and contracts are subject to the provisions and requirements of the Oregon Revised Statutes ORS 279A and 279B and EWEB Public Contracting Rules Divisions 1,2, 3 and 6.

BID PREPARATION

The Eugene Water & Electric Board's environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the bidder to submit their bid using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content and are readily recyclable. Use of materials that cannot be readily recycled, such as PVC (vinyl) binders, spiral bindings, plastic or glossy covers and/or dividers is discouraged. Further, bidders are strongly encouraged to duplex print whenever possible. Color printing is acceptable, but not required unless content will not display correctly.

1.1 BID FORMAT

Bids shall be typewritten or prepared in ink and shall be submitted on the form provided in the Invitation to Bid. No oral, or electronic bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

Bids shall conform to the requirements of the Invitation to Bid. All necessary attachments (recycled products certification, non-collusion certification, descriptive literature, etc.) shall be submitted with the bid and in the required format. Bid prices shall be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection.

1.3 PRODUCT IDENTIFICATION

Bidders shall clearly identify all products bid. Brand name and model or number shall be shown. EWEB reserves the right to reject any bid when the product information submitted with the bid is incomplete.

1.4 PROTEST OF SPECIFICATIONS OR CONTRACT TERMS / REQUEST FOR CHANGE

A Bidder who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, in writing, to: Eugene Water & Electric Board, Ramie Alkire, Purchasing Analyst, 4200 Roosevelt Blvd., Eugene, Oregon 97401 or via email to ramie.alkire@eweb.org. To be considered, protests shall be received no later than seven days prior to bid closing.

The right to protest bid specifications and/or contract terms is provided in EWEB Rule 3-0700, as a provision for "checks and balances" on the ITB. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via addenda to all bidders.

Envelopes containing bid protests shall be marked as follows:

BID SPECIFICATION PROTEST

BID NUMBER, CLOSING DATE

Protest of technical or contractual requirements shall include the reason for protest, any and all evidence and documented, factual information that supports bidder’s protest, and any proposed changes to the requirements.

Bidders must exhaust all administrative remedies before seeking judicial review.

1.5 SIGNATURE ON BID

Bids shall be signed by an authorized representative of the Bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a bid also certifies that the Bidder has read, fully understands and agrees with all bid specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without fully comprehending all requirements of the Invitation to Bid.

Bidders shall only enter information within the bid document where it is requested or required. Bidders shall NOT make any alterations to the Original Solicitation Document. Any bid that has been altered may be rejected.

1.6 RESERVED

BID SUBMISSION

1.7 BID SUBMISSION

(A) Sealed bids, containing a minimum of one (1) original signed bid response including any addenda which require signature, one (1) copy, and one (1) copy on flash drive, shall be received and date and time-stamped by the EWEB Purchasing department prior to bid closing. No bid received after bid closing date and time shall be considered.

To ensure that your bid receives priority treatment within our mailing system, your bid should be labeled with the following information:

BID #21-094-GS, 10/7/21 2:00 PM PT

EUGENE WATER & ELECTRIC BOARD

PURCHASING: ATTN RAMIE ALKIRE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Ramie Alkire.

EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document

(B) REQUIRED PAGES

Bidder MUST complete, sign, and return the following pages with their bid response:

• Section 5 - Bid Form

• Attachment B – Bidder Residence Form

• Attachment C - Recycled Products Certification & Sustainability Questionnaire

• Exhibit 2: Restrictions on Lobbying Certificate

1.8 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all addenda have been received and are acknowledged in their Bid Response.

All addenda can be obtained electronically the State of Oregon's bid site ("ORPIN"): https://orpin.oregon.gov. (For navigation help, contact the Purchasing Analyst.).

1.9 BID MODIFICATION

Modifications or erasures made before bid submission shall be initialed by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior bid submissions and any other prior bid modifications. Bid modifications shall be submitted in a sealed envelope clearly marked “Bid Modification,” identifying the bid number and closing date and time. Bidders may not modify bids after bid closing date and time.

1.10 BID WITHDRAWALS: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the EWEB Purchasing Office prior to bid closing time. Bids may also be withdrawn in person before bid closing time upon presentation of appropriate identification.

1.11 BID OPENING: Bids received in response to this Invitation to Bid shall be publicly opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97402. Bidders who attend the bid opening shall be informed only of the names of Bidders submitting bids and the total bid price. No other information shall be available at that time. Award decisions will NOT be made at the opening.

All bidders who attend bid opening are required to wear masks at all times while on EWEB’s property, and maintain physical distancing as recommended by the CDC.

1.12 METHOD OF BIDDING

A. Pricing shall reflect delivery in three (3) different delivery zones (see Exhibit 4). Zones are calculated from the Eugene (Kinder Morgan) Fuel Terminal located at 1867 Prairie Rd, Eugene, OR 97402.

Zones reflect straight line or “as the crow flies” distances as measured from the Eugene Fuel Terminal.

• Zone 1 is within 15 miles from the fuel terminal

• Zone 2 is 15-40 miles from the fuel terminal

• Zone 3 is greater than 40 miles from the fuel terminal

Fuel obtained from any other Fuel Terminal, shall use the Eugene Fuel Terminal for zone used as the point of delivery.

B. Each line in on the Bid Price Worksheet (Section 4 – Bid Form) requires calculations based on:

1. The “Zone” of either Zone 1, 2, or 3 (detailed in Exhibit 4) for distance from the fuel terminal.

2. The “Volume (gallons)” of either Tank Wagon (less-than 10,000 gallons) or a Truck and Trailer Deliveries (full

10,000 gallons) loads.

3. The “Estimated Gallons Per Year” is the expected requirement of all agencies for the fuel type, Zone, and

Volume.

4. Oil Price Information Service (OPIS) and OPIS West Coast Spot Market Report (WCSMR) are independent resources to verify supplier prices and used to reconcile invoices.

The Contractor shall maintain a subscription to OPIS and OPIS West Coast Spot Market Report during the entire Contract period to obtain daily fuel prices directly related to the Contract. This publication shall be utilized to determine the fuel prices during the Contract period. For bulk fuel deliveries to GOFC Members, no other price method, or publications will be considered. Based on the specified fuel type, see fuel type information in section 3.5 for the specific Rack Pricing for each fuel type.

5. The “Price-Per-Gallon Bid Margin” (of fuel) is the Bidder’s firm fixed price or mark-up per gallon of fuel to include any and all costs to cover internal administrative charges, overhead, profit, transportation fees, surcharges, as well as any other cost incidental to coordinating fuel pick up, delivery and off-loading of fuel.

a) Bidder may use up to four (4) decimal places to fix this Price-Per-Gallon Bid Margin.

b) GOFC Members are exempt from all Federal taxes.

c) GOFC Members are responsible for applicable State of Oregon taxes and fees however Bidder is not to include these taxes and fees in their Price-Per-Gallon Bid Margin” (these taxes and fees shall be added as separate line-item when invoicing).

d) GOFC Members are responsible for any applicable City fuel taxes and fees however Bidder is not to include these taxes and fees in their Price-Per-Gallon Bid Margin” (these taxes and fees shall be added as separate line-item when invoicing).

e) SUPERFUND FEES: If Bidders want to be reimbursed for the cost of Superfund fees, they must include the cost of the Superfund Fees in the bid price of the fuel.

6. The “Extended Price” is the product of the “Est. Annual Gallons” multiplied by the sum of both the “OPIS Rack Price” and the “Price-Per-Gallon Bid Margin”.

7. The “Subtotal” is the sum of all “Extended Price” amounts for that type of fuel.

8. The Total Bid Price is the total of all subtotals on the Bid Price Schedule.

• Bidder shall provide their “Price-Per-Gallon Bid Margin” in the appropriate field. The Bidder shall continue to use this mark-up price specific to each gallon of fuel regardless of fluctuations in the published OPIS publications for the duration of this contract or via mutual agreement through formal amendment to this contract.

C. CFN Network Card-Lock Fueling Sites. Bidder shall provide their “Price-Per-Gallon Bid Margin” in the appropriate field. The Price-Per-Gallon Bid Margin shall be the Bidder’s firm, fixed price for any affiliated Commercial Fuel Network (CFN) Card-Lock Fueling Site. The Bidder shall continue to use this mark-up price specific to each gallon of fuel (either unleaded or diesel) regardless of fluctuations in the published CFN OPIS Rack Average Price from Eugene, Oregon for the duration of this contract or via mutual agreement through formal amendment to this

D. Though not part of the consideration for award, the Bidder is asked to submit any discount for paying within 10-days of receipt of invoice into field in Section 4B.

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.4 PROTEST OF

SPECIFICATIONS OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with your bid, or in any manner other than the process provided herein, may cause your bid to be ruled non-responsive and rejected.

1.14 ALTERNATE PROPOSALS

Bidders may submit more than one offer. All offers must comply with the requirements of the ITB except that additional offers may incorporate, by reference, repetitive information which is provided in the complete offer.

1.15 PROPRIETARY DATA/PUBLIC RECORD

This Invitation to bid, together with copies of all documents pertaining to the award of a contract, shall be kept by

EWEB and made a part of a file or record which shall be open to public inspection. If a bid contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the

Oregon Public Records Law, ORS Chapter 192."

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2).

Therefore, non-disclosure of documents or any portion of a document submitted as part of a bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which shall be open to public inspection.

BID EVALUATION & AWARD

1.16 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible bidder for the total of the items selected for award. It is EWEB’s intention to award to one (1) Contractor for all bid items, however EWEB reserves the right to make a multi-award by item, group of items, or entire bid, whichever is the best interest of EWEB and GOFC members.

The lowest responsive and responsible Bid, and will be based on factors such as pricing, the ability to meet all specifications, product quality, the ability to meet delivery requirements, and other contractor requirements that are identified herein

1.17 RECIPROCAL PREFERENCE

In determining the “lowest responsible Bidder,” EWEB adds a percentage increase to each out-of-state Bidder’s bid price that is equal to the percentage given to local Bidders in that Bidder’s home state. For example, if the “lowest responsible Bidder” is from a state that grants a 10 percent preference to local Bidders, EWEB will add 10 percent to that Bidder’s price when evaluating the bid.

1.18 MINIMUM REQUIREMENTS: Evaluation of bids will be based on minimum requirements established by the Technical

Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

1.19 INVESTIGATION OF REFERENCES

EWEB reserves the right to investigate the references and the past performance of any Bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. EWEB may postpone the award or execution of the contract after the announcement of the apparent successful Bidder in order to complete its investigation. EWEB reserves the right to reject any bid response or to reject all bid responses at any time prior to EWEB’s execution of contract, upon good cause and upon EWEB finding that it is in the public interest.

1.20 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS

Due to limited resources, EWEB generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best bid, nor will EWEB generally investigate the references or qualifications of those who submit such bid responses. Therefore, neither the release of a Bidder’s bid bond, the return of a bid response, nor acknowledgment that the selection is complete shall operate as a representation by EWEB that a response was complete, sufficient, or lawful in any respect.

1.21 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of thirty (30) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.22 BID RESULTS

To obtain bid results, notes may be taken at the public reading of the bid or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations may be obtained electronically at: the State of Oregon's bid site

("ORPIN"):

https://orpin.oregon.gov. (For navigation help, contact the Purchasing Analyst.) EWEB may, as a courtesy, provide the notification of intent to award to all participating bidders.

1.23 PROTEST OF AWARD (EWEB Rule 3-0740)

A bidder may protest the award or intent to award a contract if: The bidder is adversely affected because the bidder would be eligible to be awarded the contract in the event that the protest were successful; and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible bidders protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to bidders.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract.

EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the

EWEB Purchasing Analyst listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered.

Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Supervisor will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the

Purchasing Supervisor’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall fax and mail, in accordance with the fax number and address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the

Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or ITB and the equal and fair application of EWEB’s contracting rules.

The contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

1.24 BID REJECTION

EWEB reserves the right to reject any and all bids pursuant to EWEB Rule 3-0640.

1.25 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a Contract with the lowest responsive and responsible bidder. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and

c) Any other terms and conditions as requested in the bid response

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the lowest responsive and responsible bidder if it reasonably believes that:

a) The proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next lowest responsive and responsible bidder, and continue the process until EWEB has determined to award the contract to the bidder with whom it is currently discussing or negotiating. EWEB reserves the right to discontinue negotiations and cancel the solicitation if it deems it is in its best interest.

1.26 COMMENCEMENT OF WORK

Contractor shall commence no work under this contract until all certificates of insurance, as required in Section 2 -

Insurance Requirements, have been provided and a Notice to Proceed or a Purchase Order has been issued by EWEB.

2. SPECIAL TERMS AND CONDITIONS

DEFINITIONS:

“Agency” or “Agencies” see Participating Agencies.

“Bidder” means the entity, person, or persons submitted a bid to this solicitation.

“Contractor” see Bidder.

“GOFC” means the Greater Oregon Fleet Cooperative.

“Member” or “Members” see Participating Agencies.

“OPIS” means the Oil Price Information Service.

“Participating Agencies” or “Participating Member” means all public entities participating in this contract or the

GOFC.

“Rack Average” means the OPIS-published 10AM Unbranded Average Price per gallon of fuel.

“Utility, the” means EWEB.

“Zone” means the general location of a Participating Member’s fuel storage location relative to 1867 Prairie Rd, Eugene, OR 97402.

2.1 ESTIMATES NOT BINDING

The quantities specified herein and on Exhibit 3, are good-faith estimates of future need based on the historical usage of each GOFC Member, and should not be construed as guarantees to purchase any indicated quantity of product. The quantities may vary depending upon the actual needs of GOFC.

Therefore, GOFC shall not be held liable to any agreements, obligations, or similar expectations in which the Bidder expects to sell a specific quantity of fuel except when provided with a purchase order or other formal instrument requesting delivery of fuel.

While GOFC Members make a conscious decision to be committed to the cooperative and to maintain that commitment even when short-term prices or services may be better elsewhere, or competitors make more attractive offers, GOFC Members maintain the right to not use the Regional Fuel Supply Cooperative contract. GOFC shall not be held liable to any agreements, obligations, or similar expectations in which the Bidder expects to sell a specific quantity of fuel except when provided with a purchase order or other formal instrument requesting delivery of fuel.

2.2 ANTICIPATING NEW FUEL NEEDS

During the contract term, GOFC may elect to purchase a different type of fuel than that listed in this bid solicitation. Should this occur, GOFC will approach the Contractor to determine availability of the new fuel, negotiate a new price per gallon, and amend the existing contract to reflect this new fuel purchase.

GOFC further reserves the right to re-negotiate the existing contract unit price for any fuel-type which may be affected by the new fuel-type purchase or for which the actual quantity or volume purchased is substantially greater than anticipated. New fuel pricing will be based upon the method described in Section 1.18(a) of this document. A fully-executed amendment to this contract will follow upon successful negotiation of new fuel pricing.

2.3 CONTRACTING WITH OTHER AGENCIES

Bidder should be aware that other public agencies within the Delivery Zones (Exhibit 4) may be added to the list of GOFC participants if they request Membership. These prospective agencies, upon Membership by contract amendment, will then be considered a Participating Member and shall have the same obligations and benefits of the original GOFC Members afforded to them in this contract. The new Member’s fuel needs will be extended the same pricing and deliverability as is applicable to any Participating Member involved in this contract.

2.4 ADDITIONAL CONTRACTOR REQUIREMENTS

The Contractor is to warrant:

A. Contractor and delivery vehicles are DOT authorized and meet all DOT requirements including insurance

B. There are no outstanding DOT violations C. They employ an industry-recognized maintenance program D. They adhere to regulatory requirements of driving time by all drivers E. All drivers receive appropriate training and have experience in handling and transporting all fuel products

2.5 DELIVERY FAULT

If product is ordered and not delivered within the terms defined in Sections 3.67, 3.8 or 3.9 then GOFC reserve the right to purchase same product from a different source. If any GOFC Member is continually impacted beyond first occurrence of any failed delivery then the Contractor shall be considered non-compliant with the delivery terms as defined in Sections 3.7, 3.8 or 3.9. This repeated failure to deliver shall be considered a failure of performance and a Breach of Contract per Section A.19 possibly resulting in early termination of this contract as defined in Section A.20 of the General Terms & Conditions.

2.6 “STANDING TIME”

GOFC will not be charged any additional fees for the amount of time it takes the contractor to deliver product to fuel storage or fuel truck tanks.

2.7 SPILLAGE

GOFC has a “zero” leakage standards for fuel transfer operations. The Contractor shall provide equipment for and training of truck drivers to minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel. The Contractor shall ensure that all equipment, tools and procedures used comply with all applicable Federal, State, and local specifications and regulations governing such operations.

In the event of leakage or spillage, it shall be the Contractor’s responsibility to effect immediate containment, cleanup, and disposal and restoration activities in accordance with applicable Federal and State of Oregon laws and regulations and subject to agencies’ satisfaction. All material associated with such clean up, shall be removed by the Contractor.

Contractor shall be responsible for immediately reporting any fuel spills to the ordering Member’s representative or, if spill is an immediate hazard to the safety of life or property the delivery driver shall notify any relevant local emergency agencies.

2.8 CONTAMINATION LIABILITY

All bulk products delivered by the Contractor shall be free from impurities including: water, dirt, harmful oils, fibrous materials, other petroleum products or contaminants. The Contractor shall be held liable for any damages that may occur due to equipment malfunction or failure as a result of:

a. Furnishing a contaminated product; the Contractor shall bear the cost of removing any contaminated fuel from the storage tanks. In case of damage to vehicles and equipment directly traceable to contamination, the Contractor shall be responsible for all damages and costs incurred by GOFC or any other permitted users of the bulk product.

b. Furnishing a grade of fuel other than specified; Contractor shall bear the cost of removing any fuel not meeting specifications from the storage tanks.

2.9 SAFETY DATA SHEET

Federal law requires that all potentially hazardous materials must be identified and be accompanied with a “Safety Data Sheet” (SDS) at the delivery site. See Sections A.15 and A.16 for info.

2.10 GOVERNMENT STANDARDS / REGULATIONS

This contract or any subsequent extension period shall be subject to such modifications or adjustments as may be necessary or desirable due to any action or regulation set forth by the Federal, State, or Local Government relating to the use, production, distribution or sale of the petroleum.

2.11 PAYMENT TERMS

If Bidder accepts Net10 payment terms in exchange for discount, please indicate in the Bid Form (Section 4B).

2.12 TOBACCO FREE WORKPLACE

GOFC campuses and delivery locations are tobacco-free. Contractor delivery personnel or staff may not inhale, exhale, burn, carry, or otherwise use any lighted smoking material or electronic cigarette (“vaping”). Contractor delivery personnel and staff must extinguish or cease use prior to entering any GOFC facility or location and must dispose of tobacco products appropriately prior to entry. Improper disposal includes littering, spitting smokeless tobacco, or any measure which creates a fire or hazard or could disrupt the facility or worksite.

2.13 SURVIVAL

Termination or expiration of this Contract does not extinguish or prejudice GOFC or EWEB’s right to enforce the access to records, indemnification, governing law, and remedies provisions contained within this Contact, its attachments, exhibits, and any and all subsequent addenda or amendments.

2.14 PRICE ADJUSTMENTS

Due to the volatile nature of the petroleum fuel market, GOFC expects the invoiced per-gallon prices will fluctuate during the contract period. The Contractor will use the method described in Section 3.9 to deal with this volatility. The Daily OPIS 10AM (Eugene, OR) and OPIS West Coast Spot Market Report (WCSMR) price shall reflect the price of the product on the day of delivery.

In the event the publication is not available, due to holidays, etc., the following day’s publication will be used.

2.15 BACKGROUND CHECKS

Contractor drivers assigned to deliver fuel to any Oregon public school campus or other facility who will have direct, unsupervised contact with students, shall be required to submit fingerprints and to undergo a state and nationwide fingerprinting and criminal history records check, in accordance with the provisions of ORS 326.603 and ORS 326.607. GOFC Member school district county sheriff offices and the Oregon Department of Education provide fingerprinting services for their respective school districts. Contractor, and not the GOFC Member school districts, shall be responsible for the fees associated with fingerprinting and the criminal history records check, not to exceed the actual costs.

Other GOFC Agencies may have specific background check requirements. These specific requirements will be delivered to the Awardee prior to scheduling its respective initial deliveries.

2.16 INTEGRATED SUPPLY AGREEMENTS

GOFC Members may enter into individual Integrated Supply Agreement based on the terms and conditions of the Regional Fuel Supply Cooperative contract. Additional delivery locations and delivery price adjustments may be adjusted by these Agreements only by a Written Mutual Agreement executed by both the individual GOFC Member’s Agency, and the awarded Contractor.

Integrated Supply Agreement(s) shall begin the date the Agreement is fully executed and shall end when the Regional Fuel Supply Cooperative Contract terminates or expires or when terminated earlier in accordance with the applicable terms and conditions stated herein.

2.17 ADDITIONAL SERVICE FEE FOR DELIVERY TO REMOTE LOCATIONS

Delivery of fuel to remote delivery locations may be assessed an additional Delivery Service Fee to compensate for extra travel distance and travel time to complete the delivery. However, the Contractor must obtain prior approval for such additional service fees.

3. TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SECTION A: FUEL REQUIREMENTS FOR FUEL DELIVERIES TO GOFC FACILITIES

3.1 TECHNICAL SPECIFICATIONS OF FUEL FOR GOFC MEMBERS

Fuels supplied through this agreement must comply with the State of Oregon’s specifications for Oregon’s Motor Fuel Quality Regulations, as set forth in the Oregon Administrative Rules, federal government standards and specifications, along with the American Society of Testing & Materials (ASTM) standards for fuel testing, for the following fuels:

1. E10 Unleaded Gasoline – fuel shall meet the state mandated ethanol-blending requirement of E10.

Minimum Octane Rating of 87.

2. Pure Ethanol - fuel shall meet ethanol blending requirements of E15 - E85 fuel, which the ethanol portion is denatured fuel ethanol. Pure Ethanol delivered under this contract shall be registered under Oregon Clean Fuels Program with a carbon intensity value of 70.0 or less.

3. B5 Ultra-Low Sulfur Diesel (ULSD) #2 - fuel shall meet the state mandated biodiesel blending requirement of B5. Diesel fuel sold for vehicular use in Oregon must meet a 15-ppm maximum sulfur limit (Ultra-Low).

4. B20 Ultra-Low Sulfur Diesel (ULSD) #2 - fuel shall meet biodiesel blending requirement of B20. If blending of the fuel is required, actual biodiesel blending shall accrue in the tank compartments in the Contractors truck or trailer; blending is to occur during transportation by splash method. Blending of biodiesel by adding biodiesel to Ultra-Low Sulfur Diesel fuel in the participating agencies fuel tanks will not be allowed.

5. R99 Renewable Diesel - fuel shall meet the blending requirement of R99. Renewable Diesel delivered under this contract shall be registered under Oregon Clean Fuels Program, with a carbon intensity value of 40.0 or less.

3.2 ESTIMATED ANNUAL FUEL VOLUME:

The estimated annual fuel volume for delivery of this contract is approximately 2,995,000 gallons:

• 740,000 gallons E10 Unleaded (10% ethanol / 90% gasoline).

• 425,000 gallons B5 diesel (5% biodiesel / 95% diesel).

• 45,000 gallons B20 diesel (20% biodiesel / 80% diesel).

• 1,750,000 gallons of R99 Renewable Diesel.

• 35,000 gallons Pure Ethanol.

The estimates provided above are approximations only and may differ from the actual requirements used by GOFC Members (see Section 2.1). The estimated annual fuel volume of this sub-section will be used in the bid tabulation.

GOFC Members are not obligated to purchase any minimum amount.

3.3 DELIVERY SITE LOCATIONS

See EXHIBIT 3

3.4 FUEL BLENDS

1. Unleaded fuel shall be blended with ethanol to a delivered blend of E10 (90% unleaded fuel with 10% ethanol) unless Federal, State, or Local Government mandates different blended ratios. Fuel shall comply with the requirements of American Society of Testing Materials (ASTM) D4181, latest version.

a) In the event GOFC Members change their blended ethanol ratio above E10 (e.g. E15, E20, E85) the actual ethanol blending shall occur in the Contractor’s tank compartments of the Contractor’s truck or trailer - blending is to occur during transportation by splash method.

b) Blending of ethanol by adding ethanol to unleaded fuel in GOFC Members fuel storage tanks is prohibited.

2. Diesel shall be blended with biodiesel to a delivered blend of B5 (95% diesel fuel with 5% biodiesel) unless Federal, State, or Local Government mandates different blended ratios. Fuel shall comply with the requirements of American Society of Testing Materials (ASTM) D795 (diesel) and (ASTM) D6751 (biodiesel), latest version.

a) In the event GOFC Members change their blended biodiesel ratio to B20, and the B20 is not available from the fuel terminal(s), blending of B100 biodiesel to B5 will be acceptable, as long as the blending occurs in the Contractor’s tank compartments of the Contractor’s truck or trailer as blending is to occur during transportation by splash method.

b) Blending of biodiesel by adding biodiesel to diesel fuel in GOFC Members fuel storage tanks is prohibited.

3. Renewable Diesel shall be delivered blend of R99 (1% diesel fuel with 99% renewable diesel) unless Federal, State, or Local Government mandates different blended ratios. Fuel shall comply with the requirements of American Society of Testing Materials (ASTM) D795, latest version.

In the event GOFC Members change their renewable diesel ratio below the R99 the actual renewable blending shall occur in the Contractor’s tank compartments of the Contractor’s truck or trailer - blending is to occur during transportation by splash method.

4. Pure Ethanol - fuel shall meet the state mandated ethanol blending requirement of E15 - E85, which the ethanol portion is denatured fuel ethanol. Pure Ethanol shall comply with the requirements of American Society of Testing Materials (ASTM) D5798, latest version.

5. If requested, winterization of diesel fuel shall be “winterized” to a cloud point not higher than 6 degrees Celsius above the tenth percentile minimum temperature, for the area in which the fuel is delivered.

a) GOFC Members will accept a minimal cost to provide a lower threshold of winterized fuel when requested.

b) GOFC Members who opted for additional winterization shall determine schedule is to be used for delivery of winterized diesel fuel for winter use.

3.5 CONTRACT PRICE PER GALLON DETERMINATION

1. Oil Price Information Service (OPIS), is an independent resource to verify supplier prices, and used to reconcile invoices. The OPIS, 10:00 AM (EST) publication shall be utilized to determine bulk fuel contract prices during the contract period.

For bulk fuel deliveries of E10 Unleaded, B5 Ultra-Low Sulfur Diesel, B20 Ultra Low Sulfur Diesel, and R99 Renewable Diesel.

No other price method, or publications will be considered for these fuels.

a) E10 Unleaded Gasoline:

• Fuel Terminal - Eugene OR. (10:00 EDT)

• OPIS Gross CBOB Ethanol (10%) Prices

• Column - Unl (Unleaded)

• Line – CONT UBD AVG (Contract Unbranded Average) Example:

b) B5 Ultra-Low Sulfur Diesel:

• OPIS Gross Wholesale B5 SME Biodiesel Prices,

• Column - ULS (Ultra Low Sulfur) No.2

c) B20 Ultra-Low Sulfur Diesel:

• OPIS Gross Wholesale B20 SME Biodiesel Prices,

• Column - ULS (Ultra Low Sulfur) No.2

d) R99 Renewable Diesel: although there is currently no available rack for R99, the Contractor shall use the same 10AM OPIS Daily UBD Rack Average for B5 Ultra Low Sulfur Diesel rack price for R99 Renewable Diesel.

• Fuel Terminal - Portland OR. (10:00 EDT)

• OPIS Gross Wholesale B5 SME Biodiesel Prices,

• Column - ULS (Ultra Low Sulfur) No.2

• Additional Contract Summary Data – CONT UBD LOW (Contract Unbranded Low)

2. OPIS West Coast Spot Market Report (WCSMR), is a daily report for West Coast Spot Prices.

This daily market report publication for OPIS Ethanol Prices shall be utilized to determine Pure Ethanol contract prices during the contract period.

No other price method, or publications will be considered for Pure Ethanol pricing.

• OPIS Ethanol Prices (cts/gal)

• Column – Mean

• Line – Oregon CI 69.89

Ethanol blended (greater than E10) shall be based on the blended makeup of CBOB Ethanol (10%) and Pure Ethanol. Examples of blends:

• E15 shall be 94.4% “CBOB E10 Ethanol” with 5.6% “Pure Ethanol”.

• E20 shall be 88.8% “CBOB E10 Ethanol” with 11.1% “Pure Ethanol”.

• E85 shall be 16.7% “CBOB E10 Ethanol” with 83.3% “Pure Ethanol”.

3. The specified OPIS rack price(s) in this section shall reflect the price of the product on the day of delivery.

In the event the OPIS publication is not available, due to holidays, etc., the following day OPIS publication will be used.

4. GOFC Members are exempt from Federal Excise Taxes; GOFC Members are responsible for applicable State Taxes and other fees applicable to the purchase of fuel. These taxes shall not be included in the Per- Gallon-Bid Margin price. These taxes and fees shall be billed as a separate line item on invoice.

5. The Price-Per-Gallon Bid Margin is the Bidder’s firm fixed price or mark-up per gallon of fuel to include any and all costs to cover internal administrative charges, overhead, profit, transportation fees, surcharges, as well as any other cost incidental to coordinating fuel pick up, delivery and off-loading of fuel.

6. The Price-Per-Gallon Bid Margin as proposed in the on the Bid Form (Section 4) will determine the invoiced price-per-gallon for the duration of the contract.

3.6 INVOICING PROCEDURE

1. Invoicing shall be done based on each delivery. Contractor shall render separate invoices for each delivery. Each invoice should include the following information:

a) Billed to the GOFC Member that is receiving the fuel

b) Delivery location (site and address)

c) Delivery date

d) Description of fuel delivered

e) Amount (gallons) of fuel delivered

f) Price per gallon based on product, including blended rate when applicable.

g) Breakdown of applicable State or Local Taxes and Fees as separate line item(s).

2. If multiple fuels are delivered to a single delivery site, by the same driver, at a single stop then Contractor shall itemize each fuel type.

3. Contract price shall reflect the daily OPIS rack price on the day of delivery.

4. The Contractor shall be responsible for the correctness of each invoice. Incorrect invoices may be returned unpaid for correction and reissue. Continuous incorrect invoicing may be grounds for contract termination.

5. Each GOFC Member will communicate their invoice “remit-to” address to the Contractor.

3.7 DELIVERY

1. Transport deliveries of unleaded gasoline and diesel fuels are required by the Contractor as needed by

GOFC Members. Additional delivery requirements include:

a) Deliveries shall be made within forty-eight (48) hours of receipt of order; weekends and federal or local holidays are not exempt from the stated delivery scheduled.

b) Delivery will be completed only when fuel(s) have been placed into the Agencies’ fuel tank(s) and

Member representative has confirmed the ordered amount has been provided.

c) Contractor shall maintain sufficient resources and/or equipment to meet the requirements of GOFC

Member fuel delivery needs.

d) The Contractor shall provide metered delivery tickets or meter readings to certify the actual gross volumes of bulk fuel delivered. Pumps shall be currently certified for accuracy by the Oregon Department of Agriculture, Division of Weights and Measures.

1) If metering is not accomplished from the delivery vehicles at the time of delivery, a Highway

Transportation Receipt (HTR) (as issued at the point where the fuel is loaded in the delivery vehicle) shall be delivered to the Member representative accepting the product. At minimum, the HTR shall show the date when fuel was loaded, the name of the carrier, the truck identifying number(s), the quantity and type of fuel loaded, and the temperature when loaded.

2) All deliveries shall be temperature corrected to 60-degrees Fahrenheit.

e) Delivery dates and times must be coordinated with each GOFC Member prior to delivery. All deliveries shall be made Monday through Friday, between the hours of 7:00 a.m. to 4:00 p.m., unless special delivery restrictions or instructions are required at the request of a GOFC Member.

2. Ordering Fuel – the following methods will be used to order fuel.

a) Call-In orders as needed

b) Pre-scheduled or “Standing” Delivery

c) “Keep-Full” Orders

3. Deliveries shall include off-loading into the following fuel storage vessels.

a) Above-Ground Tanks

b) Below-Ground Tanks

c) Fuel Truck (top-loading)

d) Emergency Generators (het hosing)

4. Delivery receipts shall be provided upon delivery of fuel. Delivery receipts shall clearly indicate the quantity of fuel that is delivered, the type of fuel delivered, the date of delivery, the name of the delivery person, the delivery location.

3.8 UNCONVENTIONAL DELIVERIES

1. Urgent Deliveries. Contractor shall deliver any “urgent fill” orders placed by a GOFC Member within twenty-four (24) hours of the time order is placed with no additional cost beyond what is guaranteed in this contract. Contractor shall coordinate delivery details with the requesting GOFC Member. Urgent deliveries are not anticipated to occur often and shall be kept to a minimum by the Member placing the order. Contractor shall enforce no minimum requirements for urgent deliveries.

2. Emergency Deliveries:

a) It shall be expected that Contractor shall deliver any emergency fill orders placed by GOFC Members within twelve (12) hours of the time order. GOFC will allow the Contractor to charge a reasonable service fee for such emergency deliveries in such instances, based on the nature of the emergency and extent of the difficulty in delivering fuel. Emergency deliveries are not anticipated to occur often and shall be kept to a minimum by the end-user Department Member placing the order. There are no minimum requirements for emergency deliveries.

b) Should a catastrophe strike the community of a GOFC Member, local, State, or Federal agencies may declare a State of Emergency. GOFC Members are typically first responders to such emergencies. As a result, GOFC Members will have a priority status on available fuel which shall be delivered to the following agencies in the following priority:

1) Emergency Services (e.g. cities and county emergency responders)

2) Utilities

3) Mass Transit Agencies

4) School Districts

c) Should an emergency situation arise, the Contractor shall provide a service so that any of GOFC’s

Members fuel truck(s) may be loaded with unleaded, and diesel at the Contractor’s bulk fueling facility. If this service is provided during the Contractor’s normal business hours, no additional cost shall occur. If this service is provided before or after the Contractor’s normal business hours, the Contractor may charge a reasonable service charge for such services, based on the extent of extra costs involved.

3.9 NATURAL DISASTERS

In the event a natural disaster damages a GOFC Agency’s fueling station disabling that Agency’s ability to dispense fuel, the Contractor shall cooperate with the affected GOFC Members location to the fullest extent possible to assist in keeping GOFC vehicles fueled. GOFC Members will consent to pay a reasonable surcharge for such services as dispensing fuel from Contractor’s fueling vehicles.

3.10 INVENTORY

The Contractor shall maintain sufficient fuel inventories to meet the needs of this Contract. In the event of a fuel shortage, GOFC Members are guaranteed fuel as needed.