Amendment No. 1 to agreement with Tartan Oil LLC

AMENDMENT NO. 1
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C23-0362)

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

day of 2025, (“Effective Date”), by and between the City of Glendale, an Arizona
municipal corporation (“City”) and Tartan Oil LLC, a Delaware limited liability company, authorized
to do business in Arizona (“Contractor”).

RECITALS

A. City and Saratoga Rack Marketing, LLC (“Contractor’ ”) previously entered into Linking
Agreement, Contract No. C23-0362, dated April 11, 2023 (“Agreement”); and

B. The original Linking Agreement provided for purchases good and/or services from the
Contractor's predecessor-in-interest, Saratoga Rack Marketing, LLC, cooperatively using the
same terms and conditions as ADOT's Bulk Fuel and Bulk Fuel Propane Contract No.
CTR063145 ("Cooperative Agreement"), which was attached thereto as Exhibit A.

Cc. Effective November 7, 2024, ADOT issued Amendment No. 1 to the Cooperative
Agreement, which apptoved the assignment of Saratoga Rack Marketing LLC's rights and
obligations under the Cooperative Agreement to Tartan Oil LLC. The Cooperative
Agreement's Contract Number was changed from CTR063145 to CTRO73960 but all other
terms, conditions and provisions of the Cooperative Agreement remained the same; and

D. City and Contractor wish to modify and amend the Agteement 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. The City consents to and adopts Amendment No. 1 to the Cooperative
Agreement.

2. Term. The Term of the Agreement is extended to November 16, 2025.

3. Scope of Work. The Scope of Work is unchanged.
4. Compensation. The Compensation is unchanged.
5. Insurance Certificate. Current certificate will expire on September 1, 2025. A new insurance

certificate must be provided prior to this date to the Materials Manager and the Contract
Administrator in order for this Agreement to remain in effect.

05/10/2023

10.

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
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 ot 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, an Arizona
raunicipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk _ (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Tartan Oil LLC,
a Delaware li liability company

05/10/2023

LINKING AGREEMENT
BETWEEN THE CITY OF GLENDALE, ARIZONA
AND
TARTAN OIL, LLC

EXHIBIT A
STATE OF ARIZONA-ADOT
CONTRACT NO. CTRO73960
BULK FUEL AND BULK FUEL PROPANE

Docusign Envelope ID; 6012B5AE-DODF-4A72-8D41-D404DE54184D

ADOT OFFER AND ACCEPTANCE
Procurement
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.

‘DocuSigned by:
Tartan Oil LLC Jesus Curva
Offeror (Company) Name Signature of Person Authorized to Sign Offer
5508 Lonas Dr. Jesus Guerra 11/6/2024
Address Printed Name Date
Knoxville, TN 37909 SVP, COO
City State Zip Title
GovBiz@TartanOil.com 865.410.4384
Email Address Phone Number

GovBiz@TartanOil.com

865.297.9749

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 CTRO73960 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 receives a purchase order document.

State of Arizona

Novem! 24
Effective tilts day of November 26

Pamela Veot

11/7/2024
Awarded Date

Procurement

Solicitation No: BPM Available online at

https://app.az.gov

Page 1 of 1

Initial
Rev 09/2022 aS

ARIZONA DEPARTMENT OF TRANSPORTATION

ADOT 1655 W. Jackson Street, MD 100P

Procurement Phoenix, AZ 85007

Contract Amendment Summary

CONTRACTOR: Tartan Oil | AMENDMENT NO.: One (1)

DESCRIPTION: Bulk Fuel & 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:

1. In accordance with Uniform Terms and Conditions, Section 5.3, Assignment and Delegation, effective
November 7, 2024, the Department hereby assigns the above referenced contract to:
Tartan Oil LLC
Attn: Josh Epperson
5508 as Drive Knoxville, TN 37909

2. The assigned contract number (CTR063573) is changed to: CTRO73960

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

Rev, 04/2020

DocuSign Envelope ID: E8157FCD-B2C7-43F 1-9815-92DC56460640

ADOT

Procurement Katie Hobbs, Governor
Jennifer Toth, Director
Kristine Ward, Deputy Director, Chief Financial Officer

May 30, 2024

Josh Epperson

Division Director, Government Sales
Saratoga Rack, LLC

5508 Lonas Drive

Knoxville, TN 37909

Consent to Assignment

Dear Mr. Epperson:
The Arizona Department of Transportation has received the information in the letter dated May 13,
2024 pertaining to company changes that affect the current ADOT contract:

CTRO63573 — Bulk Fuel and Bulk Fuel Propane

Attached is the Consent to Assignment for the above mentioned contract. This will need to be
completed as required. ADOT is also requesting a copy of verifiable documentation of the sale. Tartan
Oil, LLC is not in the states eProcurement system; however ADOT encourages the update of the
company profile in app.az.gov.

Please complete the attached forms along with verifiable documents of the sale. If you have any
questions or concerns, please feel free to contact me.

Sincerely,
‘DocuSigned by:

Kim Mature

YF ANF ERA ISP74 13...
Sr. Procurement Officer
Enclosures: Consent of Assignment

ARIZONA DEPARTMENT OF TRANSPORTATION
1655 W. Jackson St. | MD 100P | Phoenix, AZ 85007 | azdot.gov

Docusign Envelope ID: 6C87F512-090D-4D29-92C2-4A39EB093305

ADOT

Procurement Katie Hobbs, Governor

Jennifer Toth, Director
Kristine Ward, Deputy Director, Chief Financial Officer

Consent to Assignment

CTRO63573
Bulk Fuel and Bulk Fuel Propane

Saratoga Rack Marketing LLC hereinafter referred to as the "ASSIGNOR," hereby represents and warrants that the ASSIGNOR
desires to assign CTRO63573 for Bulk Fuel and Bulk Fuel Propane, hereinafter the “CONTRACT” to Tartan Oil LLC, hereinafter
referred to as the "ASSIGNEE

ASSIGNOR warrants and represents ASSIGNOR has full right and authority to transfer the CONTRACT and the contract rights
upon execution of this document.

THEREFORE, essential to the DEPARTMENT consenting to the assignment of the Contract from ASSIGNOR to ASSIGNEE,
ASSIGNOR and ASSIGNEE represent, warrant, and agree with the DEPARTMENT to the following statements:

1.

ASSIGNEE represents and warrants that:

(a) it has read and understands the terms and conditions of the Contract;

(b) it has thorough knowledge of all work performed by ASSIGNOR under the Contract; and

{c) any remaining work under the Contract can and shall be performed in a timely and satisfactory manner for the
remaining Term of the Contract.

ASSIGNOR warrants and represents that the CONTRACT is in full force and effect and is fully assignable.

ASSIGNOR and ASSIGNEE hereby acknowledge and agree with the DEPARTMENT that upon the date of signatures that
neither ASSIGNOR nor ASSIGNEE have basis for filing any claim against the DEPARTMENT in connection with the
CONTRACT; and that no event has occurred which itself constitutes or would in the future constitute a default under the
terms of the CONTRACT.

ASSIGNEE understands and agrees that it shall assume and be responsible for all obligations of ASSIGNOR under the
CONTRACT, including but not limited to those pertaining to the quality and workmanship of all work performed by
ASSIGNOR, and shall fully warrant such work in accordance with the requirements of the CONTRACT.

ASSIGNOR hereby releases and discharges the DEPARTMENT from any and all claims and liabilities relating to or arising
out of the CONTRACT. Further, ASSIGNOR understands and agrees that this consent shall not relieve ASSIGNOR of any
of the obligations to be observed and performed by ASSIGNOR under the CONTRACT and that this consent shall not be
construed as a waiver or limitation of any right the DEPARTMENT has or may have against ASSIGNOR, and all rights of
the DEPARTMENT under the CONTRACT and/or under the law are expressly reserved.

As witnessed below the ASSIGNOR and ASSIGNEE have executed this Agreement.

ASSIGNOR: Saratoga Rack Marketing LLC ASSIGNEE: Tartan Oil LLC
‘DocuSigned by: ‘Signed by:
5 | Jesus Gurrva 8/29/2024 | 5:55 AM PDT 5 Nol Boardman. 8/29/2024 | 9:44 AM
yi 2IC2BCEDICADA. y:
Authorized Representative Signature Date Authorised Representatve Signature Date
Jesus Guerra, SVP, Chief Operating Officer John Boardman, VP, Chief Financial Officer
Printed Name / Title Printed Name /Title
. . . . 29 August 24
The DEPARTMENT hereby consents to this Assignment, effective as of this Day of , 20 .

ARIZONA DEPARTMENT OF TRANSPORTATION
1655 W. Jackson St. MD 100P | Phoenix, AZ 85007 | azdot.gov

Rev. 05/2024

Docusign Envelope ID: 6C87F512-090D-4D29-92C2-4A39EB093305

THE DEPARTMENT OF TRANSPORTATION,
DocuSigned by:

Kim Mature
By:

Kim Matura, Procurement Officer

Page 2 of 2

AMENDMENT NO. 1
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C23-0362)

EXHIBIT B
Scope of Work

PROJECT

The Scope of Work is unchanged.

DocuSign Envelope ID: 7E999529-B015-484A-9178-75AA10A6BBCA

OFFER AND ACCEPTANCE

Procurement

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.

‘DocuSigned by:

Bill Caskenartch

Saratoga Rack Marketing LLC

2008124036423.

Offeror (Company) Name

Signature of Person Authorized to Sign Offer

5508 Lonas Dr Bill Cashmareck 9/7/2022
Address Printed Name Date

Knoxville TN 37909 Vice President Business Development

City State Zip Title

GovBiz@Saratogarack.com 865.410.4384

Email Address

GovBiz@Saratogarack.com

Phone Number

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 isnow bound to perform based upon Contract Number CTR063145 including all
terms, conditions, specifications, amendments, etc., and the Contractor's offer as acce pted bythe state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under
this contract unti! contractor receives a purchase order document.

State of Arizona

Effective this 17. day of November 2022

11/17/2022
Awarded Date

Available online at Page 1 of 1
https://app.az.gov

Solicitation No: BPM04763

Rev 04/2020

STATE OF ARIZONA

SA DO | 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://app.az.gov/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Kim Matura

Procurement Officer
Phone: 602-712-7686
Email: 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”

The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§
2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure thot any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.

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

Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602)
712-2089.

Rev, 04/2020

ADOT TABLE OF CONTENTS

Procurement

SECTION PAGE
Notice 1
Table of Contents 2
Scope of Work 3
Special Terms and Conditions 9
Uniform Terms and Conditions 19

EXHIBITS
1- Title VI/Non-Discrimination Assurances Appendix A 28
2- Title VI/Non-Discrimination Assurances Appendix E 30
3 — Quarterly Usage Report 32
4— ADOT Fuel Tank Location and Annual Estimated Usage 33
5 — ADOC Fuel Tank Location and Annual Estimated Usage 44

Solicitation No: BPM004763 Available online at Page 2 of 46

https://app.az.gov,

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/Trailer.” 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 if it is preferred by the eligible agency.

2.1.4.0rdered quantity versus delivered quantity. If there is a discrepancy with the quantity
ordered verses quantity delivered, the order pricing tier 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 500 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.

Solicitation No: BPM004763 Available online at Page 3 of 46
https://app.az.gov,

ADOT SCOPE OF WORK

Procurement

a. 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.

3.2.

3.3.

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

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

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,

4.2.

4.3.

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.

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 their 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, i.e. marijuana, non-prescription
medication, etc.)

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

Solicitation No: BPM004763 Available online at Page 4 of 46

https://app.az.gov,

ADOT SCOPE OF WORK

Procurement

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 Air 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.All 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 waivers for oxygenated or blended fuels.

5.1.4.All fuels shall be blended for climatic conditions and local requirements at each delivery
site, i.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

Diesel (ULSD) fuel standards.

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

Solicitation No: BPM004763 Available online at Page 5 of 46
https://app.az.gov,

ADOT SCOPE OF WORK

Procurement

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 shall identify type of additive offered on
the delivery ticket.

5.2.5.Contractor must have a procedure in place to correct any possible gelling issues that
involve winterizing agents.

5.3. Liquid Propane Gas (LPG)

5.3.1.All propane shall conform to ASTM D1835-97 standard specifications and be automotive
grade, “LPG-HDS5” 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: BPM004763 Available online at Page 6 of 46
https://app.az.gov,

ADOT SCOPE OF WORK

Procurement

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

6.1,1.0il Price Information Service (OPIS) Daily 10 A.M. Eastern Standard Time (EST) Rack Rate
(to include rack choice location):

a. The choice of rack location (Phoenix, Tucson, etc.) to be used as the daily 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 daily 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.

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.

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.

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

Solicitation No: BPM004763 Available online at Page 7 of 46
https://app.az.gov,

ADOT SCOPE OF WORK

Procurement

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 a 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 their discretion. An
estimate for the purchase of the tank must be submitted with any and all costs associated
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 listed 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
https://app.az.gov,

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
https://app.az.gov,