Amendment No 1 to Linking Agreement with Senergy Petroleum LLC

C23-0944

AMENDMENT NO. 1
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C23-0944)

This Amendment No. 1 (“Amendment”) to the Linking Agreement (“Agreement”) is made this

day of 2024, (“Effective Date”), by and between the City of Glendale, an Arizona

municipal corporation (“City”) and Senergy Petroleum, LLC, an Idaho limited liability company,
authorized to do business in Arizona (“Contractor”).

RECITALS

City and Senergy Petroleum, LLC (“Contractor”) previously entered into Linking Agreement,
Contract No. C23-0944, dated September 13, 2023 (“Agreement”); and

City and Contractor wish to modify and amend the Agreement subject to and strictly in
accordance with the terms of this Amendment.

AGREEMENT

In consideration of the mutual promises set forth herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree
as follows:

1.

Recitals. The recitals set forth above are not merely recitals but form an integral part of this
Amendment.

Term. The term of the Agreement is unchanged.

Scope of Work. The Scope of Work is being amended to include fuel purchases, on an as-
needed basis, due to the Underground Storage ‘Tank Replacement project at the Field
Operations campus site. As such, a new temporary fuel site was installed to facilitate
uninterruped fueling during the project. This temporary fuel site will also be utilized-during
the construction of Fire Station #153, as that fuel site will be closed during the construction
at that time.

Compensation. The original compensation amount of $40,000 is increased by $1,000,000,
for a maximum of $1,040,000 over the entire term of the Agreement (initial term plus any
renewals).

Insurance Certificate. Current certificate will expire on July 1, 2024 and a new certificate
applying to the extended term must be provided prior to this date to Materials Management
and the Contract Administrator.

Non-discrimination. Contractor must not discriminate against any employee or applicant
for employment on the basis of race, color, religion, sex, national origin, age, marital status,
sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S.
military veteran status or any disability. Contractor will require any Sub-contractor to be bound

05/10/2023

10.

to the same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not
currently, and during the term of this Agreement, will not use:

(a) the forced labor of ethnic Uyghurs in the People’s Republic of China;

(b) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

(©) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China.

Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

Ratification of Agreement. City and Contractor hereby agree that except as expressly
provided herein, the provisions of the Agreement shall be, and remain in full force and effect
and that if any provision of this Amendment conflicts with the Agreement, then the provisions
of this Amendment shall prevail.

[Signatures on the following page.]

05/10/2023

CITY OF GLENDALE, ao Adizona

mattnicipal corporation
Kevin R. Phelps, City Manager
ATYEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Auomey 7
an Idaho Iimited liabilty company
“By Carlos Zaha
Its; Contract Specialist

05/10/2025

AMENDMENT NO. 1
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C23-0944)

EXHIBIT A
STATE OF ARIZONA - ADOT
CONTRACT NO. CTR063147
BULK FUEL AND BULK FUEL PROPANE

DocuSign Envelope ID: DOCE3870-0188-4C42-A977-682157D293D5

Procurement OFFER AND ACCEPTANCE

OFFER
TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and

amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all
pages indicated In the Table of Contents.

Senergy Petroleum Carhee Jub wate,

Offeror (Company) Name Signature of Person Authorized to Sign Offer
622 S. 56th Ave. Carlos Zubiate 9/8/2022
Address Printed Name Date
Phoenix AZ 85403 Contract Specialist
City State Zip Title
carlos.zubiate@gosenergy.com (480) 733-4244
Email Address Phone Number
ord josenergy.com
‘Company Email Address Fax Number

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not Involve
collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

‘The Contractor is now bound to perform based upon Contract Number CTRO63147__including all terms, conditions,
specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor Is hereby cautioned not to commence any billable work or provide any material, service or construction
under this contract until contractor recelves a purchase order document.

State of Arizona
Effective this 17__day of November —2022__
Decutignad by:

11/17/2022
Awarded Date

Solicitation No: BPM04763 Available online at Page lof 1

htips://app.a2.g0v
Rev 04/2020

ARIZONA DEPARTMENT OF TRANSPORTATION

ADOT 1655 W. Jackson Street, MD 100P

Procurement Phoenix, AZ 85007

Contract Amendment Summary

CONTRACTOR: Senergy Petroleum | AMENDMENT NO.: One (4)
DESCRIPTION: Bulk Fue! and Bulk Fuel Propane

Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract Is
amended, Summary of changes is as follows:

L Amendment One (1) to mutually extend this contract from November 17, 2023 through
November 16, 2024 unless terminated, canceled or extended as otherwise provided in the
contract,

2. The executed SPO205 Forced Labor of Ethnic Uyghurs Ban form is hereby Included with this
amendment.

3. All other terms, conditions and provisions of this contract remain unchanged,

Rev. 04/2020

AMENDMENT NO. 1
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C23-0944)

EXHIBIT B
Scope of Work

PROJECT

The Scope of Work is being amended to include fuel purchases, on an as-needed basis, due to the
Underground Storage ‘lank Replacement project at the Field Operations campus site. As such, a new
temporary fuel site was installed to facilitate uninterruped fueling during the project. ‘This temporary
fuel site will also be utilized during the construction of Fire Station #153, as that fuel site will be closed
during the construction at that time.

STATE OF ARIZONA
ADOT ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson St, Ste. A

Procurement Phoenix, AZ 85007

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM004763
DESCRIPTION: Bulk Fuel and Bulk Fuel Propane

QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement
system, Arizona Procurement Portal (APP) (https://anp.az.20v/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Kim Matura

Procurement Officer
Phone: 602-712-7686
Emall: kmatura@azdot.gov

This solicitation is issued in accordance with A.R.S. §41-2534 and A.A.C. R2-7-C301 et seq., Competitive Sealed
Proposals.

“An Equal Opportunity Agency”

Persons that require o reasonable accommodation based on language or disability should contact ADOT's Procurement Office by phone (602)
712-2089. Requests should ba made as early as possible to ensure the State has an opportunity to address the accommodation.

Las personas que requieran asistencia (dentro de lo razanable) ya sec por el Idioma 0 ditcapacidad deben ponerse en contacto con ADOT (602)
712-2083.

ADOT TABLE OF CONTENTS

Table of Contents
Scope of Work
Special Terms and Conditions

Uniform Terms and Conditions

EXHIBITS
1- Title VI/Non-Discrimination Assurances Appendix A
2- Title Vi/Non-Discrimination Assurances Appendix E
3— Quarterly Usage Report
4—ADOT Fuel Tank Location and Annual Estimated Usage

5 — ADOC Fuel Tank Location and Annual Estimated Usage

32

33

Solicitation No; BPM004763 Avallable online at
httes://spp.az gov/

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ADOT SCOPE OF WORK

Procurement

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona
Department of Transportation (Department), has a requirement for Bulk Fuel and Bulk Fuel

Propane.
2. General Requirements
2.1. Bulk Fuel Delivery Method

2.1.1. The method of delivery is either “Tank Wagon” “Truck”, “Pump Truck" “Tanker Truck” or
“Truck/Traller.” This has been determined by tank capacity, location of tanks and/or
frequency of deliveries for the smaller tanks before larger tanks can accept a sizeable load.
Customer shall communicate to contractor any special fitting needs.

2.1.2.Contractor shall be prepared, upon delivery, for pumping Into above ground tanks If
designated by eligible agency.

2.1.3.Delivery before 1:00 pm ff It Is preferred by the eligible agency.

2.1.4.Ordered quantity versus delivered quantity, If there Is a discrepancy with the quantity
ordered verses quantity delivered, the order pricing tler shall prevail. With the exception
that the eligible agency has insufficient space in the tank to deliver ordered quantity. If
Insufficient space in the tank is noted, the Contractor will adjust the pricing tier as
necessary and communicate that to the eligible agency, Contractor shall make every
reasonable effort to deliver ordered quantity.

2.1.5.This contract is for the purchase of Bulk Fuel. Bulk Fuel is defined as SOO gallons or more.
500 gallons is limited to a combined fuel order per site. if a combined fuel type of 500
gallons of fuel is not ordered per site, the contractor may apply a special order quantity
fee. Any special order quantity fee to be noted at upon order and prior to delivery. The
special order quantity fee shall be listed on the Pricing Spreadsheet.

2.2. Bulk Fuel Delivery Ticket

2.2.1,A delivery ticket which delineates the Contractor's name, address, type of fuel being
delivered, grade of fuel being delivered, and the fuel tank monitoring gage reading of the
site’s fuel tank prior to unloading and again once fuel has been loaded. The delivery ticket
shall be provided at the time of each delivery and left at the fuel site. A copy of the same
delivery ticket shall be emailed to the individual listed on the eligible agencies’ purchase
order within three (3) business days of delivery. The State shall only authorize payment for
the actual (net) quantity of fuel delivered to each site.

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4. Time and execution of deliveries for each county need to be completed before
seventy-two (72) hours of issuance of purchase order unless authorized by the eligible
agency.

3. ARIZONA DEPARTMENT OF TRANSPORTATION REQUIREMENTS
The following shall apply to the Arizona Department of Transportation (ADOT) only.

3.1. Northern locations designated by agencies require Winter Blended Diese! Fuel with a “pour
point additive” which will take it to (-40 or -20 degrees) below zero from October 1st to April
ist. Blending Is to be done prior to delivery at these sites from October ist to April 1st. Additive
type must be stated on delivery ticket.

3.2. Above-ground tanks may require the Contractor to provide pump with hose. The Contractor
must contact the eligible agency to verify before delivery.

3.3. Contractor must report spills within one (1) hour of the incident and any spill over one (1)
gallon Is considered a reportable spill to the agency. The Contractor must report a spill to:
ADOT Fuel Systems Management at 602-712-6526 when spillage occurs. If spill occurs after
regular business hours, contact 602-712-6466.

4. ARIZONA DEPARTMENT OF CORRECTIONS REQUIREMENTS
The following shall apply to the Arizona Department of Corrections (DOC) only.

4.1. The State will require the implementation of a “Key Fill” Program to monitor the tank capacity
and ensure both Bulk Fuels and Bulk Fuel Propane tanks are always filled with their designated
fuels if the tank is measured below key.

4.2. Contraband — Arizona Department of Corrections

4.2.1.Any person who takes contraband into or out of, or attempts to take into or out of a
correctional facility or the grounds belonging to or adjacent to a correctional facility, any
item not specifically authorized by the correctional facility shall be prosecuted under the
provisions of the Arizona Revised Statutes. All personnel, Including employees and visitors,
entering upon these confines are subject to routine searches of thelr person, vehicles,
property or packages.

4.2.2.Definition A.R.S §13-2501: Contraband means any dangerous drug, narcotic drug,
intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or any
other article whose use or possession would endanger the safety, security, or preservation
of order in a correctional facility or any person therein. (Any other article includes any
substance which could cause abnormal behavior, ie. marijuana, non-prescription
medication, etc.)

4.3. PROMOTING PRISON CONTRABAND A.R.S. §13-2505

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4.3.1.A person, not otherwise authorized by law, commits Promoting prison contraband:

a. By knowingly taking contraband into a correctional facility or the grounds of such
a facility.

b. By knowingly conveying contraband to any person confined in a correctional
facility.

c. By knowingly making, obtaining or possessing contraband while being confined
in a correctional facility.

d. Promoting prison contraband is a class 5 felony.

5. Fuel Specifications

5.1. Gasoline and Oxygenated Fuels

5.1.1.All Gasoline shall conform to American Society for Testing and Materials (ASTM) Standard
Specification D4814-01A for the State of Arizona and any ASTM revision thereafter, subject
to the rules, regulations and Clean Alr Act waivers of the U.S Environmental Protection
Agency (EPA), and Arizona State Statutes which require the use of reformulated
oxygenated gasoline and specify maximum vapor pressures for certain areas.

5.1.2.Alll regular grade unleaded gasoline fuel shall have a minimum octane (RON plus MON/2)
of 87.

5.1.3.All oxygenated or blended fuels shall conform to the ASTM D4814 standard specifications
for the State of Arizona and meet any EPA walvers for oxygenated or blended fuels.

5,1.4.All fuels shall be blended for climatic conditions and local requirements at each delivery
site, l.e. summer/winter blends.

5.1.5.Fuel suppliers are responsible for any fuel delivered that can be verified and does not meet
the mixing parameters listed in the Scope of Work and that subsequently cause damage to
the states fleet

5.2. Diesel Fuel

5.2.1.All diesel fuel shall conform to ASTM D975-02 standard specifications for No. 2 diesel fuel
for the State of Arizona and any ASTM revisions thereafter, and EPA's Ultra Low Sulfur
Diese! (ULSD) fuel standards.

5.2.2.Alll fuels shall be blended for climatic conditions and local requirements at each delivery
site, i.e. summer/winter blends.

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ADOT SCOPE OF WORK

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5.2.3.Fuel suppliers are responsible for any fuel delivered that can be verified and does not meet
the mixing parameters listed in the Scope of Work and that subsequently cause damage to
the states fleet.

5.2.4.Winter blended diesel fuel will contain a “pour point additive” which will take it to 40
degrees below zero for above ground tanks and -20 degrees for below zero for below
ground tanks from October 1st to April 1st. Bidder shail identify type of additive offered on
the delivery ticket.

5.2,5.Contractor must have a procedure in place to correct any possible Belling Issues that
involve winterizing agents.

5.3. Liquid Propane Gas (LPG)

5.3.LAll propane shall conform to ASTM D1835-97 standard specifications and be automotive
grade, “LPG-HDS" and all State and Federal regulations.

5.3.2.Provision of Tank: If required, Contractor shall provide and install the appropriate sized
tank (with dispenser if needed) for any eligible agency locations requesting propane. All
requested tanks shall be new or approved refurbished tanks.

5.3.3.Tanks must comply with all federal, State, and Local safety standards and code
requirements,

5.3.4.Contractor shall be responsible for obtaining all permits required for Installation of an
above ground LPG fuel site.

5.3.5.This contract is for the purchase of Bulk Fuel Propane. Bulk Fuel Propane is defined as 50
gallons or more, 50 gallons is a combined propane order per site. If a combined 50 gallons
of propane is not ordered per site the contractor may apply a special order quantity fee.
Any special order quantity fee to be noted at upon order and prior to delivery. The special
order quantity fee shall be listed on the Pricing Spreadsheet.

5.4. Ethanol
5.4.1.Ethanol product(s) shall be provided in compliance with U.S Department of Energy, Energy
Policy Act of 1992, and all State and Federal regulations and must conform to ASTM D
5798 standard specifications and any ASTM revisions thereafter.

5.4.2.The State will not accept Ethanol Blends in gasoline and diesel above 10% content.

6. Pricing

Solicitation No: BPMG04763 Available online at Page 6 of 46
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ADOT SCOPE OF WORK

Procurement

6.1. Fuel/Diesel Pricing Stricture: Pricing will be two-facets (OPIS Dally A.M. Rack Rate and
Contractor’s Margin) as Identified below:

6.1.1,0i1 Price Information Service (OPIS) Daily 10 A.M. Eastern Standard Time (E5T) Rack Rate
(to Include rack choice location):

a. The choice of rack location (Phoenix, Tucson, etc.) to be used as the dally OPIS price of
each day rack shall remain consistent for the life of the contract. Rack choice shall be
noted on the Invoice.

b. Each county price in the State will conform to the daily OPIS price for the dally A.M.
rack rate.

6.1.2.Contractor’s Margin (to include delivery fee and Contractor’s mark-up) which is identified
as a dollar amount per gallon)

a. The Contractor's Margin shall include all costs required to deliver and unload fuel Into
requesting agency’s storage tank.

b. The Contractor’s Margin shall be identified as an additional cost per gallon and listed
on the pricing sheet attachment.

¢. The Contractor shail list the margin as a separate line item on the Delivery ticket and
invoice as specified In the Special Terms and Conditions section 6.

6.2. Propane Pricing Structure: Pricing will be two-facets (Principal Average Monte Belvieu price
and Contractor’s Margin) as identified below:

6.2.1.Principal Average Mont Belvieu price: The price published bt Butane-Propane News (BPN)
In the “Weekly Propane Newsletter’ each Thursday shall be in effect for purchases

beginning Monday of the next week. If BPN does not publish a price for Mont Belvieu in
the current week, the most recent published price shall prevail.

6.2.2.The Contractor may use Oil Price Information Service (OPIS), in order to determine the
actual purchase price in lieu of the BPM published price.

6.2.3.Contractor’s Margin (To include delivery fee and Contractor's mark up) which Is identified
as a dollar amount per gallon:

a. The Contractor's Margin shall include all costs required to deliver and unload fuel into
eligible agency's storage tank.

b. The Contractor’s Margin shall be identified as an additional cost per gallon and listed
in the pricing sheet attachment.

c. The Contractor shall list the margin as a separate line item on the Delivery ticket and
Invoice as specified in the Special Terms and Conditions section 6.

5.3. Propane Rental/Purchasing Price Structure: The Eligible agency may rent or purchase
propane tanks as necessary:

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ADOT SCOPE OF WORK

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6.3.1. Rental: Pricing for a rental of new or approved refurbished propane tank ans one
dispenser (1-gallon meter), if required, shall be based on @ one-time annual fee. An
estimate for the rental of the equipment must be approved in writing by the eligible
agency.

6.3.2. Purchase: The eligible agency may purchase propane tanks at thelr discretion. An
estimate for the purchase of the tank must be submitted with any and all costs assoclated
with the purchase to Include Installation and setup fees as listed in section 5.3 of Scope of
Work. In addition the estimate must be approved in writing by the eligible agency.

7. Contractor's Responsibilities

7.1, The Contractor shall be required, upon delivery, to pump all fuels from containers into using
agency's storage tanks. It Is the responsibility of the Contractor to supply pumps, hoses, etc. to
appropriately pump the fuels to the storage tanks.

7.2. The Contractor shall ensure delivery of correct quantities ordered. All deliveries are subject to
two percent (2%) plus/minus. Contractor must endeavor to deliver amount ordered by the
eligible agency at all times..

7.3, The Contractor must have a daily Oil Pricing Information Service (OPIS) subscription for fuel.

7.4. The Contractor must have a Butane-Propane News (BPN) subscription for Propane or Oil Pricing
information Service (OPIS) subscription for propane.

7.5. The Contractors are responsible for any fuel delivered that can be verified and does not meet
the mixing parameters Ilsted in the Scope of Work and that subsequently cause damage to the
State’s fleet.

7.6. The Contractor shall be responsible for clean-up of all spillage, which may occur during transit,
loading or unloading operations. Definition of a spill is in the amount of One (1) gallon; also the
spill bucket or spill box must be free of debris and fuel at completion of the delivery.

7.7. The Contractor shall immediately report any spillage or damage to the using agency. Clean up
of spillage and/or repairs to the damaged equipment shall be performed by contractor in
accordance with EPA and State of Arizona guidelines. (See section 3 for ADOT requirements).
Fuel delivery trucks shall at all times comply with current State of Arizona and Federal
regulations pertaining to fuel vapor control.

7.8. Emergency

7.8.1.During:a natural disaster, or homeland security event, there may be a need for the State to
access the Contractor’s business for products and/or services twenty-four (24) hours a day,

Solicitation No: BPM004763 | Available online at Page 8 of 46
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ADOT SCOPE OF WORK
‘Procurement =

seven (7) days a week, three hundred sixty-five (365) days a year. The need could be for a
pick up or a delivery, For this purpose, a primary and secondary emergency representative
name and phone number are required during the term of any resultant contract, It Is
critical to the State this information remains current at all times, All products or services
provided to meet an emergency request are to be supplied as per the contract prices,
terms and conditions, The Contractor shall be compensated for an after hours emergency
opening of the business, If any, at the rate identified.

8. Department’s Responsibilities

8.1, The Eligible Agencies will provide final acceptance and approval of any product delivered.
8.2, The Eligible Agencies will provide authorization as necessary for any work approved as listed in
the Scope of Work.

Solicitation No: BPM004763 Available online at ] Page 9 of 46

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ADOT SPECIAL TERMS AND CONDITIONS

4.

The term of any resultant contract shall commence on the effective date of award and shall
continue for a period of twelve (12) months thereafter, unless terminated, cancelled or extended as
otherwise provided herein.

CONTRACT EXTENSION

By mutual written contract amendment, any resultant contract may be extended for supplemental
periods of up to a maximum of forty-eight (48) months,

ELIGIBLE AGENCIES

This contract shall be for the use of all State of Arizona departments, agencles and boards. In
addition, eligible universities, political subdivisions and nonprofit educational or public health
institutions may participate at their discretion. In order to participate in any resultant contract, a
university, political subdivision or nonprofit educational or public health institution must have
entered into a cooperative purchasing agreement with the State Procurement Office as required by
A.R.S, §41-2632, This cooperative purchasing agreement must be in effect at the time of order, The
Contractor shall verify if an ordering entity Is an eligible Cooperative purchasing member before
selling materials to or providing services for them under the contract. The current list of cooperative
Purchasing members Is available on the State Procurement Office website at

https://spo.az.gov/suppliers/usape-reporting,

NOTE: Membership in the State Purchasing Cooperative Is open to all Arizona political subdivisions,
including cities, counties, school districts, and special districts. Membership Is also available to non-
profit organizations, other state governments, the federal government and tribal nations. For
reference, “non-profit organizations” are defined In A.R.S. § 41-2631(4) as any nonprofit corporation
as designated by the IRS under Section 501(c)(3) through 501(c)(6) of the tax code.

NON-EXCLUSIVE CONTRACT

This contract shall be for the sole convenience of the Department. The Department reserves the
right to obtain like goods or services from another source when necessary. The Off-Contract
Purchase Authorization and subsequent procurement shall be consistent with the Arizona
Procurement Code.

ORDERING PROCESS

Eligible Agencies shall Issue a purchase order to the Contractor. Each purchase order must cite the
contract number. This purchase order shall be the only document required for an Eligible Agency to
order and the Contractor to deliver the material and/or service.

Any attempts to represent any material and/or service not specifically awarded as being under
contract Is a breach of the contract and a violation of the Arizona Procurement Code. Any such

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ADOT SPECIAL TERMS AND CONDITIONS

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action Is subject to the legal and contractual remedies available to the State inclusive of but not
limited to contract cancellation, suspension and/or debarment of the Contractor.

Contractor shall acknowledge each order from Eligible Agencies in conformance with each agency's
Instructions given at the time of ordering. Orders from eligible cooperative purchasing members
create no obligation on State’s part. Notwithstanding, the Contractor shall fulfill orders under the
Contract to any Eligible Agency. The Contractor's refusal to do so would be a material breach of the
Contract.

6. INVOICING REQUIREMENTS
Separate invoices are required for each delivery of service and shall include at a minimum:

Department Location’s Name and Address
Vendor Name, Remit to Address and Contact Information
Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department
Contract Line ttem Number

Line Item Description or Item or Service
Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Net Unit Price and Total per Unit (if applicable)
Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

Oll Price Information Service (OPIS) rate
Margin rate

Delivery date

All Invoices must clearly outline: type of fuel, rack price, contracted Price (plus or minus rack), applicable
taxes, delivery date and description of any extra fees (environmental fee, ete.).

Invoices not sent to the proper address, or not containing the necessary and required information may
delay payment. A Contractor whose payments are delayed due to Improper invoicing shall make no
claim against the Department or the State for late or finance charges.

The Department will make every effort to process payment within thirty (30) calendar days after
acceptance of services. Delivery of the service to the Department does not constitute acceptance.

The date the Department accepts delivery of services shall be the valid date for starting the thirty (30)
calendar day payment period.

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ADOT SPECIAL TERMS AND CONDITIONS

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Payment due dates, Including discount periods, will be computed from the date of acceptance or date
of correct Invoice (whichever Is later) to the date the Department's warrant Is mailed.

7. ESTIMATED USAGE

The Department anticipates considerable usage under this contract. The Department reserves the
right to increase or decrease actual quantities ordered as circumstances may require. No guarantees
are made concerning actual purchases under this contract.

8. PRICE REDUCTION

A price reduction adjustment may be offered at any time during the term of the contract and shall
became effective upon notice through a written contract amendment,

9. PRICE INCREASE

The Department will review fully documented requests for price increases for any contract which
will or has been In effect for twelve (12) months. The request shall be submitted no less than 60
days prior to the contract renewal date. The Contractor shall provide fully documented information
which supports the price Increase request. Fully documented means that the request shall present
detailed information and calculations that make It clear how the claimed increase has an impact on
the contract unit prices. All assumptions regarding cost factors that have an impact on the
requested increase shall also be clearly identified and Justified. The requested price increase must
be based upon a cost Increase that was clearly unpredictable at the time of the offer and can be
shown to directly affect the price of the item concerned. Any price increase adjustment request
prior to the time of contract extension will be a factor in the extension review process. The
Department will determine whether the requested price increase or an alternate option, Is in the
best interest of the State.

10, CONTRACT ADMINI: TION

The contractor shall contact the Procurement Officer for guidance or direction In matters of contract
interpretation or questions regarding the terms, conditions or scope of the contract.

11. NOTICES

All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provisions collectively called
“Notices”), shall be in writing and shall be sent by certified United States mall, return recelpt
requested, or by any other method that provides evidence of receipt, addressed to the party or
parties to receive such notice as follows:

a. If intended for the State, to:

Solicitation No: BPM004763 Available online at Page 120f45
nites://app.a2.gov/

ADOT SPECIAL TERMS AND CONDITIONS
Procmement--—

Arizona Department of Transportation, Procurement Group
1739 W. Jackson Street, MD 100P
Phoenix, Arizona 85007-3276

b. Ifintended for the Contractor, to the address as identified In the Contractor's electronic vendor
profile.

Or to such other address as either party may from time to time furnish In writing to the other by
notice hereunder, Any notice so mailed shall be deemed to have been given as of the date such
notice is received as shown on the return receipt. Furthermore, such notice may be given by
delivering personally such notice, if intended for the State, to the Arizona Department of
Transportation, Procurement Officer and, if Intended for the Contractor, to the person named on
the Offer & Contract Award of this contract, or to such other person as either party may from time
to time furnish in writing to the other by notice hereunder. Any notice so delivered shall be deemed
to have been given as of the date such notice Is personally delivered to the other party.

CAN! ‘TION je) WEAPONS ON PROPERTY

This Contract may be cancelled if the Contractor or any subcontractors or others In the employ or
under the supervision of the Contractor or subcontractors Is found to be in possession of weapons,

Possession of weapons (firearms, explosive devices, knives or blades of more than three (3) inches,
or any other instrument designed for lethal or disabling use) Is prohibited on ADOT property.

Further, if the Contractor or any subcontractors or others In the employ of under the supervision of
the Contractors or subcontractors, are asked by an ADOT official to leave the ADOT property, they
are advised that failure to comply with such a request shall result in cancellation of the Contract and
anyone who refuses, whether armed or not, is subject to prosecution under A.R.S. §13-1502,
“Criminal trespass in the third degree: classification.”

. REVIEW OF CONTRACTOR’S WORK

Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at
various stages. The Department reserves the right to make such reviews and pass upon the
acceptability of the Contractor's work. Partial acceptance shall not relieve the Contractor's
obligation to correct, without charge, any errors in the work performed under this contract.

14, ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the work and shall promptly make all the
necessary revisions or corrections resulting from errors and omissions on the part of the Contractor
without additional compensation. Acceptance of the work by the Department shall not relieve the
Contractor of the responsibility for subsequent correction of any such errors and clarification of
ambiguities.

Solicitation No: BPM004763 Available online at Page 13 of 46

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