Motor_Vehicle_Fuel_(City_of_Tucson,_Sun_Tran,_Pima_County)_(Addendum_#3_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

230087

MOTOR VEHICLE FUEL (CITY OF TUCSON, SUN TRAN, PIMA

COUNTY)

Due Date: Thursday, September 7, 2023

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/38349

PUBLISH DATE: July 28, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 230087

BUSINESS SERVICES DEPARTMENT Page 2 of 42 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Cynthia Thompson, NIGP-CPP, CPPB

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4134

Attachments:

A - OFFER AND ACCEPTANCE

G - Addendum 3 - 230087 REVISED PRICE PAGE

BUSINESS SERVICES DEPARTMENT Page 3 of 42

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 230087

TITLE: Motor Vehicle Fuel (City of Tucson, Sun Tran, Pima County)

SUBMITTAL DUE DATE: Thursday, September 7, 2023 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Wednesday, August 9, 2023

TIME: 11:00 am LOCAL AZ TIME

LOCATION: MICROSOFT TEAMS MEETING

Or call in (audio only) +1 213-293-2303,,706547162# United States, Los Angeles Phone Conference ID: 706 547 162#

Find a local number | Reset PIN QUESTIONS SHALL BE DIRECTED TO: Cynthia Thompson, NIGP-CPP, CPPB

(520) 837-4134 cynthia.thompson@tucsonaz.gov

Posted Date: Friday, July 28, 2023

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE0ZmZkNjgtMTYwZS00MTAxLWE0NTItNWM5NmNiNTI0NGMx%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%225c4b9f7c-77c3-499a-a605-84f506e31bb5%22%7d tel:+12132932303,,706547162 https://dialin.teams.microsoft.com/2c60b41f-ade1-4bcb-8fa6-36d6e327015e?id=706547162 https://dialin.teams.microsoft.com/usp/pstnconferencing

BUSINESS SERVICES DEPARTMENT Page 4 of 42

B. INTRODUCTION

B.1. Summary

The City of Tucson, Sun Tran, Sun Van, and Pima County (hereinafter referred to as Agencies) intend to establish an annual requirements contract for Motor Vehicle Fuel, per the specifications contained herein. Based on historical usage, agencies anticipate purchasing an estimated 9,000,000 million gallons of fuel in the initial one-year term.

The Agencies seek qualified suppliers to furnish and deliver motor vehicle fuels. Each Agency has multiple delivery locations containing various storage containers, including underground storage tanks (USTs) and aboveground storage tanks (ASTs). Some locations may be automated or cardlock fueling sites, while other locations require wet fueling. The successful Offeror(s) must demonstrate that they have sufficient capabilities and available resources to meet the product and service requirements of this solicitation. Prompt delivery of fuel is essential to the Agencies' ability to provide uninterrupted and timely service to the public.

To ensure adequate coverage, the City may award to multiple Offerors and reserves the right to award by group, by individual location within a group, or in any combination that is most advantageous to the Agencies. Offerors may submit a proposal for one or more groups. The following groups are available:

• Group 1: Unleaded Gasoline

• Group 2: Ethanol Flex Fuel (E54)

• Group 3: Diesel

• Group 4: Biodiesel

• Group 5: Diesel Exhaust Fluid (DEF)

• Group 6: Wet Hose Fueling

B.2. Contact Information

Cynthia Thompson, NIGP-CPP, CPPB Principal Contract Officer Email: cynthia.thompson@tucsonaz.gov Phone: (520) 837-4134 Department:

EGSD

B.3. Timeline mailto:cynthia.thompson@tucsonaz.gov tel:(520)837-4134

BUSINESS SERVICES DEPARTMENT Page 5 of 42

Release Project Date July 28, 2023

Pre-Proposal Meeting (Non- Mandatory)

August 9, 2023, 11:00am

MS TEAMS MEETING

Question Submission Deadline August 17, 2023, 2:00pm

Proposal Submission Deadline September 7, 2023, 2:00pm

BUSINESS SERVICES DEPARTMENT Page 6 of 42

C. SCOPE OF WORK

C.1. PRODUCT REQUIREMENTS

A. GENERAL PRODUCT REQUIREMENTS

1. SHELF LIFE GUARANTEE: Upon delivery, all gasoline, E54, and diesel fuel (exclusive of biodiesel) must have a minimum shelf life of one (1) year. All fuel products must be guaranteed against causing any damage to equipment resulting from proper use of the product.

2. OCTANE SPECIFICATIONS: The pump octane number (PON) must be the sum of the research octane number (RON) plus the motor octane number (MON) divided by two. Fuel delivered must have the following minimum pump octane number (PON):

a. Unleaded Premium Gasoline PON = 91

b. Unleaded Gasoline PON = 87

c. E54 PON = 96

3. Contractor must guarantee each product meets all Arizona Department of Environmental Quality (ADEQ) requirements for each fuel type and locality including, but not limited to, RVP specifications.

B. SPECIFIC PRODUCT REQUIREMENTS

1. UNLEADED GASOLINE:

a. All unleaded gasoline delivered must meet or exceed the ASTM specification standard of D4814-21c or the latest revision. It must also contain an additive package specifically designed for the reduction of carbon deposits and the cleaning of fuel injection nozzles or other fuel-injecting components of gasoline engines.

b. Contractor must deliver blended oxygenated unleaded fuel to all sites from October 1, through March 31 of each year. Oxygenated fuel delivered must contain the minimum oxygen content as listed below and meet or exceed ASTM specification standard for oxygenated gasoline D4814-21c or the latest revision:

i. Ethanol contents of ethanol blended gasoline must be between 5.7% to 10% by volume.

2. ETHANOL FLEX FUEL (E54):

a. All E54 delivered must:

i. meet or exceed the ASTM specification standard of D5798-21 or the latest revision;

ii. meet or exceed the properties of ethanol per ASTM specification standard D4806- 21a or the latest revision;

iii. meet or exceed OEM vehicle manufacturer requirements for E54 fuel used in flexible-fuel vehicles;

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iv. contain an additive package specifically formulated for fuels with high alcohol levels which are capable of keeping engines running on E54 clean and reducing corrosion and deposits on critical engine parts; and

v. meet the seasonal blending requirements applicable to the delivery site.

3. DIESEL:

a. Diesel must be blended for the climatic conditions at the delivery site. All #2 diesel delivered must meet or exceed the ASTM specification standard D975-21 or the latest revision, in addition to the following standards:

i. Gravity API: 33 minimum

ii. Cetane number: 44 minimum

iii. Sulfur: <15 ppm maximum

iv. Ash % by weight: 0.01% maximum

b. Diesel types to be used at various locations by the Agencies include Clear Ultra-Low Sulfur Diesel (Clear ULSD) and Dyed Ultra-Low Sulfur Diesel (Dyed ULSD).

4. BIODIESEL:

a. The B100 biodiesel component of the blended B5 or B20 biodiesel must:

i. meet or exceed the ASTM specification standard D6751-20a or the latest revision;

ii. have a minimum cetane number of 48; and

iii. be manufactured from virgin soy or virgin vegetable base.

b. The B5 or B20 biodiesel must be blended at a blending terminal to ensure accuracy and consistency.

c. The producer, marketer, and lab of the biodiesel must be accredited and meet the industry specification of BQ-9000 as set forth by the National Biodiesel Board or have certification within 60 days of notice of award.

d. Contractor must submit proof that the biodiesel delivered meets the BQ-9000 certification requirements.

e. All credits and/or rebates associated with the purchase of biodiesel that are due to the Agency, such as the blender credit, are to be passed on to the Agency at the time of invoicing for each delivery.

f. Biodiesel types to be used at various locations by the Agencies include Clear Ultra-Low Sulfur B5, Dyed Ultra-Low Sulfur B5, and Dyed Ultra-Low Sulfur B20.

5. DIESEL EXHAUST FLUID (DEF):

a. All DEF delivered must:

i. conform to the specifications for DEF in ISO 22241-1 or the latest revision;

ii. be American Petroleum Institute (API) registered to meet or exceed OEM specifications;

BUSINESS SERVICES DEPARTMENT Page 8 of 42

iii. provide a shelf life of up to two (2) years when stored in compliance with manufacturer specifications;

iv. be approved in all selective catalytic reduction (SCR) systems; and

v. be a mixture of 32.5% high purity synthetic urea and 67.5% deionized water.

6. WET HOSE FUELING (on-site mobile fueling):

a. City of Tucson and Pima County may utilize wet fueling services for remote sites to be determined. The hourly labor rate and any minimum or maximum charges will apply should locations be added during the contract period.

C.2. SERVICE REQUIREMENTS

1. DELIVERY:

1. Fuel deliveries will be made to the locations identified by the Agencies. Delivery locations, tank style, tank capacity, and estimated annual usage for each fuel type may be found on the Price Page attached herein.

2. The Contractor must provide information on ordering and delivering procedures for bulk shipments, including the name, telephone number, address, etc. of where orders are to be placed.

3. All deliveries must be made within 24 hours of order placement. From time to time, the Contractor(s) may be expected to make deliveries on a short notice basis as requested by the Agencies. If deliveries cannot be made within the needed time requirements, the Agencies reserve the right to purchase fuel on the open or spot market.

4. Deliveries of more than 2,000 gallons must be temperature compensated. Temperature corrections will be calculated and shown on the invoice for each delivery location. More than one delivery may be listed on each invoice; however, each delivery and quantity must be itemized.

5. Deliveries of 2,000 gallons or less must be made by metered trucks with the meter reading indicated on the delivery ticket. More than one delivery may be listed on each invoice;

however, each delivery and quantity must be itemized.

6. Dipstick readings must be taken by the Contractor before and after each delivery and be recorded on the delivery ticket. Water finding paste will be used on the measuring devices when gauging fuel tanks, and any water cut noted on the delivery ticket.

7. DELIVERY TICKET:A copy of the signed delivery ticket must be left with the authorized Agency representative signing for the fuel delivered or presented to the vehicle operator for plant pickup. The delivery ticket should include the following:

a. Contractor's name and address

b. Agency and delivery location

c. Grade of fuel

d. Gross gallons of fuel

BUSINESS SERVICES DEPARTMENT Page 9 of 42

e. Net gallons of fuel

f. Tank record in inches before and after gauging

g. Fuel temperature/gravity and compensation factor

i. The fuel temperature/gravity and compensation factor do not have to appear on the delivery ticket if the temperature adjustment is made by computer at the rack and is shown on the Meter Run Ticket.

8. All delivery tickets must be accompanied by a Meter Run Ticket from the rack or tank truck that shows before and after metered gallons and total metered gallons.

9. FULL LOAD DELIVERIES:

a. Full Load: The City of Tucson, Sun Tran, Sun Van, and Pima County consider deliveries of 6,000 gallons or more to be full load deliveries. A full load may be split between sites or multiple tanks.

b. Split Full Load is when 6,000 gallons or more of the same product is delivered to multiple locations or tanks.

10. PARTIAL LOAD DELIVERIES:

a. Partial Load: A partial load is a delivery less than 6,000 gallons, regardless of the delivery vehicle used.

A. BULK PLANT PICK UP:

1. To provide pick up service at Contractor's bulk plant, Contractor must have a Tucson facility and adequate staff for assistance for City of Tucson and Pima County service trucks. The average capacity of a Pima County service truck is 900 gallons.

2. The Agencies reserve the right to inspect the Contractor's facility at any time during working hours.

a.

B. CARD LOCK FUELING:

1. Contractor's automated fueling sites should have 24-hour access and provide a fuel card for each requested driver/vehicle for refueling.

C.3. CITY OF TUCSON - SPECIAL REQUIREMENTS

A. CITY OF TUCSON - SPECIAL REQUIREMENTS

1. VEHICLE AND EMERGENCY GENERATOR FUEL AVAILABILITY: In cases of prolonged electrical energy outages within the Tucson metro area, and/or cases where regularly scheduled fuel deliveries to the City's storage tanks are compromised (both being "emergency incidents"), the City has contingency plans to prioritize access to fuel.

a. Contractor must place the City's fuel deliveries (Gasoline, E54 and Diesel) to City fuel islands as their first (primary) delivery during an emergency incident. Standard delivery will take place when tanks reach 50% capacity.

BUSINESS SERVICES DEPARTMENT Page 10 of 42

b. Contractor will delivery Diesel fuel to the following selected City priority emergency diesel-powered generators during an emergency incident:

i. Thomas O' Price Service Center #2, 4004 S. Park Ave., 2,525 gal AST

ii. Tucson Police Headquarters, 270 S. Stone Ave., 2,146 gal UST

iii. IT Building, 481 W. Paseo Redondo, 450 gal AST

iv. Tucson Fire Central, 300 S. Fire Central Pl., 425 gal AST

c. Contractor must provide the City with a copy of the Contractor's Emergency Preparedness Plan and describe how they will be able to maintain their continuity of operation during emergency incidents.

d. All tanks, regardless of size or type, must be kept on a keep-full status. Contractors are required to monitor average daily usage patterns and schedule deliveries accordingly to ensure tank levels do not fall below 50% of capacity.

i. Low Fuel Alarm: Tank levels that fall below 50% of capacity trigger a Low Fuel Alarm. Contractors are expected to deliver fuel within two (2) hours of a low fuel alarm notification. Failure to immediately respond may result in an assessment to the Contractor for the actual costs incurred by the City. A low fuel alarm could lead to equipment failures such as a damaged pump and to downtime of City vehicles due to lack of fuel.

ii. Overfill Alarm: An Overfill Alarm is triggered when a possible spill has occurred. It is the Contractor's responsibility to ensure a tank is not overfilled at delivery.

Contractor may be assessed the actual costs incurred by the City to respond to an Overfill Alarm.

e. Contractors are required to monitor tank levels using an automated tank gauging system over an IP address. The City provides monitoring to suppliers with the City's veeder-root software over an IP address. Other Agencies may have similar capabilities.

2. Contractor must follow the EPA requirement of connecting a vapor recovery hose when delivering Unleaded and E54 fuel to all City sites.

3. Invoices returned to the Contractor requiring price/quantity corrections must be returned electronically to fueldesk@tucsonaz.gov within one (1) business day following receipt of the requested correction by the City.

C.4. SUN TRAN and SUN VAN - SPECIAL REQUIREMENTS

A. SUN TRAN - SPECIAL REQUIREMENTS

1. Sun Tran will only require Diesel and B-5 Biodiesel delivery. Fuel must meet the following requirements:

a. ASTM D975, Ultra-Low Sulfur, #2 Diesel Dyed Red.

b. ASTM D975, Ultra-Low Sulfur, #2 Diesel Dyed Red - blended with virgin soy or virgin vegetable B100 to produce B-5 Biodiesel.

mailto:fueldesk@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 11 of 42

2. Offeror must provide records (attendance sheets) and materials (training outline) for spill control and response training of all employees that may be transferring fluids at Sun Tran's site. Documents shall be provided with proposal.

3. All tanks, regardless of size or type, must be kept on a keep-full status. Contractors are required to monitor average daily usage patterns and schedule deliveries accordingly to ensure tank levels do not fall below 50% of capacity.

a. Low Fuel Alarm: Tank levels that fall below 50% of capacity trigger a Low Fuel Alarm.

Contractors are expected to deliver fuel within two (2) hours of a low fuel alarm notification. Failure to immediately respond may result in an assessment to the Contractor for the actual costs incurred by Sun Tran. A low fuel alarm could lead to equipment failures such as a damaged pump and to downtime of vehicles due to lack of fuel.

b. Overfill Alarm: an Overfill Alarm is triggered when a possible spill has occurred. It is the Contractor's responsibility to ensure a tank is not overfilled at delivery. Contractor may be assessed the actual costs incurred by Sun Tran to respond to an Overfill Alarm.

4. Deliveries are accepted from 7:00 a.m. to 4:00 p.m. No deliveries will be accepted after 4:00 p.m., without Sun Tran's request and/or approval.

5. Invoices returned to the Contractor requiring price/quantity corrects must be returned electronically to SuntranAP@tucsonaz.gov and Suntran-Procurement@tucsonaz.gov within one (1) business day following receipt of the requested correction by Sun Tran.

B. SUN VAN - SPECIAL REQUIREMENTS

1. Sun Van will only require Gasoline Unleaded Fuel delivery. Fuel must meet or exceed the following requirements:

a. ASTM D4814-16ee1 or latest revisions.

b. It shall also contain an additive package specifically designed for the reduction of carbon deposits and the cleaning of fuel injection nozzles or other fuel injecting components of gasoline engines.

2. Offeror must provide records (attendance sheets) and materials (training outline) for spill control and response training of all employees that may be transferring fluids at Sun Van's site. Documents shall be provided with proposal.

3. All tanks, regardless of size or type, must be kept on a keep-full status. Contractors are required to monitor average daily usage patterns and schedule deliveries accordingly to ensure tank levels do not fall below 50% of capacity.

a. Low Fuel Alarm: Tank levels that fall below 50% of capacity trigger a Low Fuel Alarm.

Contractors are expected to deliver fuel within two (2) hours of a low fuel alarm notification. Failure to immediately respond may result in an assessment to the Contractor for the actual costs incurred by Sun Van. A low fuel alarm could lead to equipment failures such as a damaged pump and to downtime of vehicles due to lack of fuel.

mailto:SuntranAP@tucsonaz.gov mailto:Suntran-Procurement@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 12 of 42

b. Overfill Alarm: An Overfill Alarm is triggered when a possible spill has occurred. It is the Contractor's responsibility to ensure a tank is not overfilled at delivery. Contractor may be assessed the actual costs incurred by Sun Van to respond to an Overfill Alarm.

4. Deliveries are accepted from 3:00 p.m. to 11:00 p.m. No deliveries will be accepted prior to 3:00 p.m. or after 11:00 p.m. without Sun Van's request and/or approval.

5. Invoices returned to the Contractor requiring price/quantity corrections must be returned electronically to SuntranAP@tucsonaz.gov and Suntran-Procurement@tucsonaz.gov within one (1) business day following receipt of the requested correction by Sun Van.

C.5. PIMA COUNTY - SPECIAL REQUIREMENTS

A. CONTRACTOR MINIMUM QUALIFICATIONS

1. Contractor must be in the business of supplying fuel for a minimum of three (3) consecutive years, including the current year.

2. Contractor must have the ability to deliver fuel and diesel exhaust fluid (DEF) to all County fuel sites.

B. DELIVERIES:

1. Contractor will provide the County with Gasoline, Diesel, and Diesel Exhaust Fluid (DEF) in the estimated amounts and tat the price set forth in the Price Page.

2. Deliveries shall not be made at unattended locations without prior arrangements being made between the County and the Contractor to ensure definite delivery time and date.

3. Delivery to the West Congress location must be between 6:00 p.m. and 6:00 a.m.

4. Deliveries of fuel to Mission Road, Green Valley, Marana, Richey Road, Houghton Road, Ajo Way and Ina Road will require the Contractor to pump into above ground storage tanks.

5. All fuel deliveries to Ajo, AZ must be full load (6,000 gallons or more). Delivery of diesel will not necessarily be coordinated with delivery of unleaded fuel.

C. VEHICLE AND EMERGENCY GENERATOR FUEL AVAILABILITY: In cases of prolonged electrical energy outages within the Tucson metro area, and/or cases where regularly scheduled fuel deliveries to the County's storage tanks are compromised (both being "emergency incidents"). Pima County has contingency plans to prioritize access to fuel.

1. Contractor must place the County's fuel deliveries (Gasoline and Diesel) to County fuel islands as their first (primary) delivery during an emergency incident. If the Contractor is also responsible for delivering fuel to the City of Tucson during an emergency incident, Pima County will be prioritized after the City. Standard delivery will take place when tanks reach 50% capacity.

2. Contractor will deliver Diesel fuel to the following selected County priority emergency diesel-powered generators during an emergency incident or on an as-needed basis.

Deliveries of quantities as small as 900 gallons may be required:

a. Pima County Emergency Generators at 3434 E/ 22nd Street:

i. PECOC01, 1,347 gal AST mailto:SuntranAP@tucsonaz.gov

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ii. PECOC02, 1,347 gal AST

iii. PECOC03, 1,347 gal AST

C.6. PRICING REQUIREMENTS

Please refer to the Price Page attached herein.

A. ESTIMATED QUANTITIES: Quantities listed on the Price Page are estimates only. The Agencies reserve the right to increase or decrease these amounts during the contract period.

No guarantee is made to the exact number of gallons to be ordered. The Agencies will not be responsible for any overstock by the Contractor.

B. OIL PRICE INFORMATION SERVICE (OPIS) INDEX: For Unleaded Gasoline, Ethanol Flex Fuel (E54), Diesel, and Biodiesel, the price paid by the Agencies will be determined at the time of each order based on the OPIS Index plus or minus the margin (in cents, to a required four decimal places) contained in the Price Page. All prices will be exclusive of federal excise taxes.

1. For Unleaded Gasoline and Diesel, the TUCSON DAILY average rack price, as published by OPIS at 10:00 a.m. on the delivery day, will be in effect for purchases. If OPIS does not publish a price for the fuel required in the current day, the most recent 10:00 a.m. published price will prevail.

2. For E54 and Biodiesel, the PHOENIX DAILY average rack price, as published by OPIS at 10:00 a.m. on the delivery day, will be in effect for purchases. If OPIS does not publish a price for the fuel required in the current day, the most recent 10:00 a.m. published price will prevail. If/when OPIS publishes Tucson daily average rack pricing for E54 and Biodiesel, Tucson data will be used instead of Phoenix data.

C. SPOT MARKET PURCHASES: The Agencies reserve the right to check prices on the open market. If the prices of the Contractor(s) are higher, the Agencies may make spot purchases on the open market.

D. BILLING AND PAYMENT: Payment for purchases made under this agreement will be the sole responsibility of each participating Agency. Invoices must indicate delivery location, type of fuel, total gross and net quantity, temperature compensated quantities for deliveries over 2,000 gallons, OPIS daily rack price (where applicable), margin, and applicable taxes for each product. Taxes, spill, and LUST fees should be invoiced as separate line items. A copy of the applicable OPIS rate for the delivery must be provided with each invoice. Plant pick-up invoices must include the vehicle's license plate number, vehicle number, and the name of the Agency.

o CITY OF TUCSON: To ensure prompt payment, invoices and bills of lading for product purchased by the City of Tucson must be sent to Fueldesk@tucsonaz.gov for approval by the next business day following delivery.

o SUN TRAN: To ensure prompt payment, invoices and bills of lading for product purchased by Sun Tran must be sent to SuntranAP@tucsonaz.gov and Suntran- Procurement@tucsonaz.gov for approval by the next business day following delivery.

mailto:fueldesk@tucsonaz.gov mailto:SuntranAP@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 14 of 42 o PIMA COUNTY: To ensure prompt payment, invoices and bills of lading for product purchased by Pima County must be sent to FleetAssetTeam@pima.gov for approval by the next business day following delivery.

mailto:FleetAssetTeam@pima.gov

BUSINESS SERVICES DEPARTMENT Page 15 of 42

D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director:The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portalucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

https://procurement.opengov.com/portalucson-az

BUSINESS SERVICES DEPARTMENT Page 17 of 42

H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system: https://procurement.opengov.com/portalucson-az.

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portalucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. For questions contact the City's Business License Section at

(520) 791-4566 or email at license@tucsonaz.gov mailto:license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Method of Approach

B. Price Proposal

C. Qualifications & Experience

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

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E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SOLICITATION RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://secure.procurenow.com/portalucson-az.

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

https://secure.procurenow.com/portalucson-az

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F. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

BUSINESS SERVICES DEPARTMENT Page 23 of 42

1. Method of Approach

PRODUCT REQUIREMENTS

Identify which products you are offering.

A. For each of the products offered, indicate if you meet the Product Requirements as contained in the Scope of Work.

B. If you do not meet the Product Requirements, please provide an explanation.

C. Biodiesel - If you are offering Biodiesel, are you currently BQ- 9000 Certified?

1. If yes, provide a copy of the certification with your proposal.

2. If no, by submitting your proposal you agree to obtain and submit proof of certification with 60 days of notice of contract award.

a. Explain how proof of certification for the biodiesel to be delivered meets BQ-9000 certification, will be provided to the appropriate Agency(s).

SERVICE REQUIREMENTS

Indicate if you meet the Service Requirements contained in the Scope of Work.

A. If you do not meet the requirements, please provide an explanation.

B. Delivery - prompt delivery of fuel is essential to the Agencies' ability to provide uninterrupted and timely service to the public.

1. Explain what processes you have in place to:

a. Monitor tank levels and usage patterns to keep City of Tucson tanks from falling below 50% capacity.

b. For orders, ensure all deliveries are made within 24 hours of order placement, or sooner if requested.

N/A N/A

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C. Provide a copy of your

Emergency Preparedness Plan and describe how you will be able to maintain the Agencies' continuity of operation during emergency incidents.

D. Provide the operating hours and physical address(es) of your locations serving the Agencies on this contract. Identify which locations, if any, are available for bulk fueling of Agency vehicles.

E. Explain the process for ordering products and services from your company. In your response, address if your company accepts orders via phone, website, etc.

F. Will there be a dedicated Sales Representative for this contract?

1. If yes, provide their name and contact information.

2. Price Proposal Provide your price proposal as requested on the Price Page attached herein.

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3. Qualifications & Experience

A. Provide a brief history and description of your company.

1. In your response, include how many consecutive years you have been in the business of supplying fuel.

B. Offeror must be an established refiner, major representative, distributor, or dealer, and must be able to furnish products and services in accordance with the specifications, terms, and conditions for this contract.

1. Submit supporting documentation that shows you meet this requirement.

C. Has your company, either presently or in the past five years, been involved in any litigation, bankruptcy, or reorganization? If yes, please provide an explanation.

D. Summarize your experience in providing products and services similar to those outlined in the Scope of Work.

E. Provide three (3) references from other public agencies (municipal governments are preferred).

Include agency name, address, phone, email and contact person.

F. Provide any additional information that is applicable to your company's qualifications and experience.

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G. SPECIAL TERMS AND CONDITIONS

G.1. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

Funds are not presently available for performance under this Contract. The City's obligation for performance of this Contract is contingent upon the availability of funds from which payment for Contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Contract until funds are made available for performance of this Contract.

G.2. COOPERATIVE PURCHASING

Contractor will, when requested, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http://www.tucsonprocurement.com/coop_partners.aspx and click on “Cooperatives” for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.

These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. The City is not responsible for any disputes arising out of transactions made by others.

G.3. FOB DESTINATION FREIGHT PREPAID

Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.

All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

G.4. TERM

The term of the Contract shall commence upon award and shall remain in effect for a period of one (1) year, unless terminated, or canceled.

G.5. AUTOMATIC RENEWALS

The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or http://www.tucsonprocurement.com/coop_partners.aspx http://www.mesaaz.gov/home/showdocument?id=23638

BUSINESS SERVICES DEPARTMENT Page 27 of 42 deletions. Renewals will be automatic, from the date of contract award, unless the City provides written notice to the contractor no later than thirty (30) days prior to renewal date.

G.6. PRICE ADJUSTMENT

The City will review fully documented requests for price adjustment after any contract has been in effect for one (1) year. Any price adjustment will only be made at the time of contract renewal (see Term) and will be a factor in the renewal review process. Contractor must submit written request to the City at least thirty (30) days prior to renewal date. City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract renewal.

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H. INSURANCE REQUIREMENTS

H.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

H.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence:…