STATE OF WASHINGTON - Access Washington Home · Web viewA list of Washington members is available at: Contract Terms: This Document includes excerpts of terms and conditions published

OFFICE OF STATE PROCUREMENThttp://www.des.wa.gov

Current Contract Information Effective Date: May 28, 2014

Contract number: 02207 Commodity code: 9130

Contract title: Marine Refueling Services (Lubricant & Bilge Pump Services has been deleted)

Purpose: Fuel Type – the addition of Non- Ethanol Gasoline Pg 12

Contract Term April 26, 2012 through: October 30th, 2015

Original award date: April 26, 2007 Maximum Term: Not to exceed 10 years of award date

Estimated Annual Worth: $22-$32 million Estimated Volume (gallons): 11,800,000

For use by: Washington State Agencies, Higher Education and Cooperative members

Contract type: This contract has been designated “MANDATORY” use for state agencies requiring marine refueling services and “CONVEINIENCE” use for all other authorizes contract users.

Scope of contract: This contract is to establish a new separate Marine Refueling Services umbrella contract in order to satisfy a recently enacted environmental rule intended to minimize the impact of a spill in a marine environment has also added demands to marine refuelers with the most immediate need to address the mobile marine refueling requirements of Washington State Ferries (WSF). This contract only covers mobile marine refueling services under a single award. However, the state may (at a later date) add other services which may include but is not limited to:

Barge marine refueling services Fixed facility marine refueling services Lubricant delivery services in a marine environment Bilge Pump maintenance services in a marine

environmentIn so doing, terms and conditions specific to these services may be incorporated into this contract.

Contractor: Rainier PetroleumDiversity: MBE 0% WBE 0% OTHER 100% EXEMPT 0%

This page contains key contract features. Find detailed information on succeeding pages. For more information on this contract or if you have any questions, please contact your local agency Purchasing Office or you may contact our office at the numbers listed below.

State Procurement Keith Farley Office Assistant: Christine Schoepfer

http://www.ga.wa.gov/

Officer:Phone Number: (360) 407-9419 Phone Number: (360) 407-9404Fax Number: (360) 586-2426 Fax Number: (360) 586-2426Email: [email protected] Email: [email protected]

Visit our Internet site: http://www.ga.wa.gov/purchase or search all contracts at: http://www.ga.wa.gov/Purchase/contracts.htm

http://www.ga.wa.gov/Purchase/contracts.htm

http://www.ga.wa.gov/purchase

mailto:[email protected]?subject=02207

mailto:[email protected]?subject=Contract%2002207%20Marine%20Refueling

Current Contract Information Contract No.: 02207 for Marine RefuelingPage 3

NOTES:I. Best Buy: The following provision applies to mandatory use contracts only. This contract is subject to

RCW 43.19.190(2) & RCW 43.19.1905(7): which authorizes state agencies to purchase materials, supplies, services, and equipment of equal quantity and quality to those on state contract from non-contract suppliers. Provided that an agency subsequently notifies the Office of State Procurement (OSP) State Procurement Officer (SPO) that the pricing is less costly for such goods or services than the price from the state Contractor. If the non-contract supplier's pricing is less, the state Contractor shall be given the opportunity by the state agency to at least meet the non-contract price.

If the state Contractor cannot meet the price, then the state agency may purchase the item(s) from the non-contract supplier, document the transactions on the appropriate form developed by OSP and forwarded to the SPO administering the state contract. (Reference General Authorities document)

If a lower price can be identified on a repeated basis, the state reserves the right to renegotiate the pricing structure of this agreement. In the event such negotiations fail, the state reserves the right to delete such item(s) from the contract.

II. State Agencies: Submit Order directly to Contractor for processing. Political Subdivisions: Submit orders directly to Contractor referencing State of Washington contract number. If you are unsure of your status in the State Purchasing Cooperative call (360) 902-7415.

III. Only authorized purchasers included in the State of Washington Purchasing Cooperative (WSPC) and State of Oregon Cooperative Purchasing Program (DASCPP/ORCPP) listings published and updated periodically by OSP and DAS may purchase from this contract. It is the Contractor’s responsibility to verify membership of these organizations prior to processing orders received under this contract. A list of Washington members is available at: https://fortress.wa.gov/ga/apps/coop/Default.aspx

IV. Contract Terms: This Document includes excerpts of terms and conditions published in the original IFB, including Standard Terms and Conditions, and Definitions, included in the Competitive Procurement Standards published by OSP (as Amended).

V. Any existing mandatory use contracts for items that may be encompassed in the scope of this contract offering will be considered the first source of supply for state agency purchasers.

https://fortress.wa.gov/ga/apps/coop/Default.aspx


CONTRACTOR PROFILES

Rainier Petroleum Federal Tax ID #:33-0360558

Credit Cards Accepted: None

Phone :Fax :

206-613-1447206-623-5158 Sales Usage Report: John Camp

Toll Free Phone # None Phone: 206-613-1444

Emergency ( 24/7 ) 206-623-3480 Email Address: [email protected]

Street Address: 1711 13th Ave SW Billing From: Jaycee Cheung1711 13th Ave SW

City, State Zip: Seattle, WA 98134 City, State Zip: Seattle, WA 98134

Payment Address: PO Box 31001-1226 Orders sent to: Dispatch Department

City, State Zip: Pasadena, CA 91110-1226 206-613-1442

Customer Service: Randy Jamerson Contract Administrator: Liz Crandall

Phone: 206-613-1444 Phone: 206-613-1447

Email Address: [email protected] Email Address: [email protected]

mailto:[email protected]

mailto:[email protected]


CONTRACT UPDATE:

1. The addition of Non- Ethanol gasoline, multiplier and OPIS reference city

2. Contract Amendment: Effective, April 26, 2013 through October 30, 2015; the Marine Refueling Contract; 02207 will be amended for the next 24 month extension period. All other existing terms; conditions, pricing and product specifications remain unchanged.

3. Contract Amendment: Effective, April 26, 2011 through April 25, 2012; the Marine Refueling Contract; 02207 will be amended for the next 12 month extension period. This amendment also includes the option to hedge a portion of the total fuel purchased under the Marine Refueling Contract. All other existing terms; conditions, pricing and product specifications remain unchanged. Contract Administration Update: Contract has been assigned to Keith Farley

4. Contract Amendment: Effective, June 26, 2010 through April 25, 2011 to complete a 12 month extension option, under the existing terms and conditions, product specification and pricing, including mutually agreed upon changes regarding:

a. Change in OPIS reference biodiesel pricing rack, from Tacoma rack to Seattle rack. Reference section 3.4 titled Biodiesel Pricing, which has been rewritten. (See page 10).

5. Contract Extension: Effective, May 26, 2010 through June 25, 2010 this contract has been extended for an additional 30 days.

6. Contract Extension: Effective, April 25, 2010 through May 25, 2010 this contract has been extended for 30 days, for further follow-up and review of a full 12 month extension term.

7. Contract Update: Effective March 4, 2010 Contracts Administrator changed to Roz Knox.

8. Contract Extension: This contract has been extended for one year (April 26, 2009 through April 25, 2010) under the existing contract terms, conditions, product specifications and pricing, including mutually agreed upon changes regarding:

a. Switch to ULSD dyed as the primary fuel. Reference section 2.2 Fuel Types, paragraph b) Diesel, which has been rewritten. (See page 8).

b. Availability of biodiesel at Seattle rack. Reference section 2.2 Fuel Types, paragraph c), change title to Biodiesel and reword the paragraph. (See page 8).

c. Biodiesel expectation: In order for WSF to comply with legislative requirements, by September 1, 2009, Rainier Petroleum with input from their suppliers will submit a proposal to the OSP Contract Administrator and WSF on how and when biodiesel could be supplied to WSF vessels at other locations provided for in this contract. The supply of biodiesel must be provided by in-line or ratio blending method.

d. Change in OPIS reference biodiesel pricing rack. Reference section 3.4 titled Biodiesel Pricing, which has been rewritten. (See page 9).

e. Increase in Service Fee. Reference section 3.7 titled Service Fees, OPIS Price Multipliers and Rack Reference Cities, in the table for this section, for each terminal listed increase the amount of the Service Fee by $175. (See page 10).


1 OVERVIEWRecently a new environmental rule was enacted intending to minimize the impact of a spill in a marine environment. This new rule adds new demands to marine refuelers; lubricant and bilge pump service providers. Accordingly, a separate contract has become necessary to address these new rules and requirements, most immediately needed to address the mobile marine refueling requirements of Washington State Ferries (WSF), which this contract will address.

1.1 SCOPEThe purpose of this effort is to establish a Marine Refueling, Lubricant & Bilge Pump Services umbrella contract. Besides conforming to all relevant rules, regulations, laws and industry standard best practices, the state expects Contractor to play a leadership role in maximizing efficiencies and economies in performing these services. To that end, the state endeavors to partner with the most conscientious marine refueling, lubricant and bilge pump service providers who are committed and capable of optimizing the state’s marine refueling, lubricant and bilge pump service needs. The first contract only targeted mobile marine refueling services.

Be advised, that the state may (at a later date) add other services which may include but is not limited to:

Barge marine refueling services Fixed facility marine refueling services Lubricant delivery services in a marine environment Bilge Pump maintenance services in a marine environment

In so doing, terms and conditions specific to these services may be incorporated into this contract.

1.2 CONTRACT DESIGNATIONThis contract has been designated “MANDATORY” use for state agencies requiring marine refueling; lubricant, or bilge pump services and “CONVEINIENCE” use for all other authorize contract users.

1.3 TERM OF CONTRACTThe initial term of this contract is 2-years from date of award with the option to extend for additional term(s) or portions thereof. Extension for each additional term shall be offered at the sole discretion of the State and are subject to written mutual agreement. The total contract term, including the initial term and all subsequent extensions, shall not exceed 10-years unless an emergency exists and/or special circumstances require a partial term extension. The State reserves the right to extend the Contractor, solely determined by the State.

1.4 ESTIMATED USAGE – MOBILE MARINE REFUELING SERVICESBased on past and/or projected usage, it is estimated that the mobile marine refueling purchases will approximate 11,800,000 gallons of fuel annually. This is solely an estimate and the state will not guarantee volume commitments. Orders will be placed only on an as needed basis.

1.5 PURCHASERSMarine refueling services are intended to address the unique requirements of WSF but other authorized purchasers may utilize this contract to satisfy their marine refueling and maintenance service needs. Authorized purchasers will be those agencies requiring marine refueling, lubricant,


or bilge pump services, and is available to higher education, and political subdivisions who are members of the State of Washington Purchasing Cooperative (WSPC). Contractor(s) shall not process contract orders from unauthorized purchasers. A list of WSPC members can be found via the web at: https://fortress.wa.gov/ga/apps/coop/Default.aspx . The state accepts no responsibility for payment by WSPC members.

1.6 COST MITIGATION STRATEGIESIn accordance with sec. 608 of ESSB 6091, the State reserves the right to employ various cost mitigation strategies (i.e. hedging) in acquiring fuel via our Contractor. These strategies may include but are not limited to futures contracts, swap transactions, option contracts, costless collars, and long-term storage at no additional costs to our Contractor. The cost mitigation strategies are intended to reduce overall fuel costs and offer our customers an improved level of budgetary certainty when procuring fuel. The Office of State Procurement in consultation with The State Treasurer and the State Investment Board are to explore and implement these cost mitigation strategies as feasible. These financial instruments are to be offered to our customers on an “elect to use” basis and be in compliance with our customers’ bylaws and/or regulations. Customers must receive written approval from the State Contract Administrator before utilizing these financial instruments via this contract and the state accepts no responsibility for payment for the financial services provided to contract users. Customers who elect to utilize these cost mitigation strategies may be charged a fee or other funding mechanisms may be applied to cover the cost of deployment of these cost mitigation strategies.

1.7 CONTRACTOR QUALIFICATIONS The Contractor is an authorized supplier of the fuel to be delivered with facilities, personnel, equipment, certifications and or approvals as required to successfully perform and comply with all contractual requirements and hereby signifies compliance of these requirements will be met. The state reserves the right to request supporting documentation, conduct a site visit and or schedule a meeting to seek clarification to validate claims of qualification compliance. Additionally, the Contractor may be required to provide copies of their fuel supply contract(s) or letter from their supplier(s) (on supplier’s letterhead) showing they have sufficient sources and volumes of fuel available to satisfactorily perform in accordance to contract terms and conditions. The Contractor shall have the capability of fulfilling contract terms within 5-business days of award notification.

1.8 ORDER QUANTITIESThere will be no minimum order quantities as the service fee is expected to cover costs normally associated to a typical delivery (other than fuel costs) irregardless of the amount of fuel delivered.

2 MARINE REFUELING SERVICES

2.1 BULK MARINE REFUELING SERVICESMarine refueling services are intended to address the unique requirements of WSF but other authorized purchasers may utilize this contract to satisfy their marine refueling and maintenance service needs. Although WSF has historically purchased much of their fuel via the dock, many of WSF vessels also utilize either a truck & trailer combination or a tank wagon for refueling. In such cases, the delivery vehicle will board the vessel where the fuel is then unloaded. Besides

http://www.leg.wa.gov/pub/billinfo/2005-06/Htm/Bills/Session%20Law%202005/6091-S.SL.htm

https://fortress.wa.gov/ga/apps/coop/Default.aspx


conforming to the standard contract terms as defined herein, the following will be applicable to marine refueling services:

a) U. S. Coast Guard Regulations & Environmental RegulationsThe mobile marine refueling Contractor (and or the Contractor’s designated subcontractor) is required to be certified by the U.S. Coast Guard and the Department of Ecology (DOE). The Contractor may be asked for proof of this certification (a copy of the U.S. Coast Guard-stamped page of Contractor’s safety manual and a copy of the DOE Operations Manual approval letter will be considered acceptable proof). Furthermore, the marine refueling, lubricant and bilge pump Contractor shall comply with all (current and any future) applicable U.S. Coast Guard and Department of Ecology regulations. Additionally, the marine refueling and lubricant Contractor must furnish relevant hardware which includes but is not limited to proper sized U.S. Coast Guard approved hose and fittings.

Throughout the contract life, Contractor and approved subcontractors are responsible for maintaining their Coast Guard and DOE certifications. Failure to do so may result in contract termination and liquidated damages may be imposed.

b) Spill Response Compliance DrillsIf in the course of a refueling a regulatory authority (i.e. U.S. Cost Guard or Department of Ecology) directs the Contractor to demonstrate compliance of a rule or regulation, the cost of performing the drill may be passed on to the customer (as a line item on the invoice) only if the regulatory authority determines that compliance has been met.

Should a spill response compliance drill occur during fueling for a State authorized purchaser, Contractor shall:

a. Obtain appropriate regulatory approval that compliance has been met (from USCG or DOE)

b. Obtain an invoice from the OSRO provider including response cost detailsc. Submit to customer Contractor’s invoice for the spill drill response d. Attach a copy of the OSRO provider invoice to Contractor’s invoice

The customer shall not be responsible for Contractor’s OSRO "stand by" costs.

c) Additions/DeletionsThe state reserves the right to add or remove vessels or service delivery sites. Whenever possible, customers are to provide at least 30-days advance notice of a deletion. Although Contractor’s Oil Price Information Service (OPIS) price multiplier is to remain firm, the fixed service fee for any new location is to be negotiated and be comparable to the Contractor’s already established service fees with regard to contract additions.

d) Standby FeeWSF will make every reasonable effort to ensure that vessels arrive at the terminal on time to receive fuel deliveries. However, unexpected or unavoidable delays occasionally occur. The Contractor’s service fee (coupled with the fuel pricing) is expected to cover all normal costs associated to a mobile marine refueling and is to include ¾ hour of free standby time for each marine delivery. Unless otherwise indicated in the demand profile price worksheets, additional

http://www.opisnet.com/


delivery time (as a result of delays beyond ¾ hours) may be charged for at a rate of $75.00/hour, broken into ⅓ hour increments ($25 per 20 minutes). To receive compensation for standby, the charges are to be identified on the invoice as a separate line item and the customer representative must identify on the bill of lading the length of delay beyond the free ¾ hour standby time. In the unlikely event that WSF turns the Contractor away from a scheduled delivery (for reasons unrelated to the Contractor’s control) the Contractor may bill the customer the amount of the already established service fee. In such cases, the customer representative is to make note on the bill of lading that the refueling was refused.

e) Emergency Delivery FeeIn the event of an emergency, the Contractor will be required to fulfill an emergency bulk delivery within 6-hours of a verbal, electronic, written or faxed order. Emergency orders are to be top priority and the Contractor must be equipped and prepared to successfully fulfill an emergency delivery 7-days a week, 24-hours a day. The fixed emergency delivery fee for an Emergency Delivery is $1.00 and is to be added to the invoice as a separate line item following the fulfillment of an emergency order.

2.2 FUEL TYPESAchieving economies by streamlining the fuel types the state uses and advancing the use of biodiesel are strategic goals of the state. This will require coordination with Contractor and the exchange of strategic information. Whenever possible, it is the state’s intention to provide marine refueling Contractor with at least 30-days advance notice of a major shift in fuel selection or additions. So that Contractor can best plan and position themselves for this opportunity, a discussion of the state’s overall marine refueling strategy for each type of fuel follows:

a) GasolineAt this time the state has no reason to expect that bulk gasoline refueling will be needed in the marine environment.

b) DieselThe type of diesel fuel to be supplied to WSF vessels shall be Ultra-Low Sulfur Dyed Diesel Fuel #2 15 ppm meeting product specifications established by ASTM-D975 (latest version) and the Olympic Pipe Line Company for this grade of fuel. On a limited basis and with prior approval of WSF, dyed low sulfur diesel fuel #2 500 ppm (NRLM distillate) may be substituted to deal with unanticipated temporary terminal problems provided the diesel supplied meets specifications established by ASTM-D975 (latest version).

c) BiodieselIn the performance of this Contract, the Contractor plans to load fuel delivery trucks at Shell Oil Company’s truck loading rack located on Harbor Island in Seattle. Several of Shell’s truck loading racks are currently able to supply a B5 blend of biodiesel. This facility currently provides a B5 biodiesel using an in-line or ratio blending of a B100 soy-based (SME) biofuel at 5% with a 95% blend of ULSD. Red dye is also injected to meet diesel fuel dying standards. In the future, this facility may also be able to offer a B10 or B20 blend of these fuels should WSF request the supply of one of these biodiesel blends. However, if Shell’s truck loading facility should temporarily be out of service, Contract may load comparable biodiesel from an alternate Seattle refiner’s truck loading rack should one be available.


d) Dyed DieselWSF as well as other customers who operate highway maintenance vehicles, publicly owned fire fighting equipment, and public transportation systems are authorized to purchase red dyed diesel fuel which is exempt from federal and state highway taxes. Therefore the state anticipates that the bulk of all diesels to be purchased will be dyed and the purchase of clear fuel via this contact must be pre-approved by the State Contract Administrator.

e) Future fuel typesBecause the OPIS price index will serve as the basis for establishing contract pricing and multipliers are to be applied to corresponding family of fuels, then the introduction of any new fuel type tracked by OPIS may (at the discretion of the state) be added to the contract. In the unlikely event fuel types other than diesel will need to be added to this contract, the state will negotiate with the Contractor the addition and OPIS multiplier.

f) Additives/Conditioners/TreatmentsAt the purchaser's request, Contractor may be required to supply and blend a fuel additive, conditioner or treatment products to the fuel purchased. The price charged for additives, conditioners or treatments shall not exceed the lowest price charged by the Contractor to other purchasers and the prices are to be comparable to current market rates of other suppliers. At the customer’s request, the Contractor is to provide supporting documentation to validate contract price compliance.

3 PRICINGContract pricing for refueling services will incorporate a SERVICE FEE coupled with FUEL PRICING methodology and together these two pricing components are expected to cover all costs associated to a marine refueling. So as to insulate the Contractor(s) from the impact of any modifications to fuel related taxes and fees (i.e. first possessor fees or hazmat fees), all fuel related taxes and fees are to be added to invoices on a pass through basis and identified the invoices as a separate line item. Below is an overview of how fuel prices will be calculated and how the service fees will be applied.

3.1 FUEL PRICINGFuel prices will be allowed to increase or decrease during the life of the contract and the OPIS DAILY “CONTRACT” AVERAGE rack prices (correlated to the actual delivery date) will serve as the basis for establishing contract fuel prices. With the possible exception of biodiesel, no other price change publication shall be considered. Below is a table identifying the OPIS reference city for mobile marine refueling terminals and the OPIS reference city will be used to establish fuel prices for all deliveries located in that terminal irregardless of where the Contractor sources the fuel to be delivered.

3.2 MOBILE MARINE REFUELING OPIS RACK REFERENCE CITIES Below are the OPIS Rack Reference Cities that are to be used to establish contract fuel prices for the WSF terminals listed below. All other mobile refueling services are to use the Rack Reference City (either Anacortes or Tacoma) closest to the actual delivery site.


Region OPIS Reference CityClinton/Mukilteo AnacortesAnacortes AnacortesFauntleroy TacomaPort Townsend TacomaBremerton TacomaPoint Defiance Tacoma

3.3 OPIS DAILY POSTINGThe state will make available to our customers the OPIS daily contract averages for the purpose of validating contract prices have been correctly calculated. If it appears that an error has occurred with regard to an OPIS posting, the state shall contact the publisher for clarification and the corrected price shall be applicable. Contractor(s) shall be required to maintain their own subscription to OPIS in order to correctly prepare invoices.

3.4 BIODIESEL PRICINGThe product reference price for a biodiesel blend of dyed ultra-low sulfur diesel fuel #2 and soy based biofuel shall be the OPIS published daily Tacoma, Seattle, WA “CONT AVG” rack price for the specific biodiesel blend ordered and delivered. (However, if there was no OPIS published price on the day of delivery, the most current previously published price shall be used, i.e. for a Saturday or Sunday delivery the prior Friday published price would be used.) For example, if a B5 blend of soy (SME) and ULSD dyed number 2 diesel had been delivered on March 27, 2009, the corresponding OPIS rack and product price would have been $1.6432/gallon for “CONT AVG” under the column titled “LSN2D ULTRA” for the Tacoma, Seattle, WA rack for “OPIS GROSS WHOLESALE B5 SME BIODIESEL PRICES” for the date of 03/07/2009. This published price already reflects any applicable “blender tax credit.”

3.5 SERVICE FEEA fixed service fee for all delivery sites is identified in the price worksheets. The service fee is to be charged (and added to each invoice as a separate line item) for each refueling event irregardless of the amount of fuel delivered. The fuel price coupled with the service fee is expected to cover all costs that are normally associated to a refueling and the fulfillment of contract terms. However, an emergency delivery fee and standby fee may also be applied to marine refueling when applicable (see section 2.1).

3.6 ORDER QUANTITIESThere will be no minimum order quantities as the service fee is expected to cover costs normally associated to a typical delivery (other than fuel costs) irregardless of the amount of fuel delivered.

3.7 SERVICE FEES, OPIS PRICE MULTIPLIERS AND RACK REFERENCE CITIES

Mobile Marine Refueling Service

TerminalService Fee

(Eff. 4/26/09) Gasoline DieselBioDiesel

B#1 (B100)BioDiesel

B#2 (B100)OPIS Rack Reference

City

Clinton/Mukilteo $375 N/A 1.0039 1.0039 1.0039 Anacortes

http://www.ga.wa.gov/pca/fuel/07705.htm


Anacortes $325 N/A 1.0039 1.0039 1.0039 Anacortes

Fauntleroy $400 N/A 1.0039 1.0039 1.0039 Tacoma

Port Townsend $400 N/A 1.0140 1.0140 1.0039 Tacoma

Bremerton $400 N/A 1.0039 1.0039 1.0039 Tacoma

Point Defiance $325 N/A 1.0039 1.0039 1.0039 Tacoma

Eagle Harbor TW=$500 N/A 1.0039 1.0039 1.0039 Tacoma

Bainbridge TW=$500TT= $400 N/A 1.0039 1.0039 1.0039 Tacoma

Kingston TW=$500TT= $400 N/A 1.0140 1.0140 1.0039 Tacoma

An additional $1 is to be added to the invoice for an Emergency Delivery when applicable. TW=Tank Wagon. TT= Truck & Trailer

Mobile Marine Refueling Service –Non-Ethanol Gasoline

Terminal Service FeeEthanol

MultiplierOPIS Rack Reference

City*

Clinton/Mukilteo $150.00 1.8000 Seattle

Anacortes $150.00 1.8000 Seattle

Fauntleroy $250.00** 1.8000 Seattle

Coupeville $150.00 1.8000 Seattle

Coleman $250.00** 1.8000 Seattle

Point Defiance $150.00 1.8000 Seattle

Edmonds $150.00 1.8000 Seattle

An additional $1 is to be added to the invoice for an Emergency Delivery when applicable. TW=Tank Wagon. TT= Truck & Trailer. PT=Pick up Truck**A $250.00 delivery fee applies to these locations as delivery of fuel can only be accomplished via pick-up truck.

4 INVOICING REQUIREMENTS

4.1 INVOICESThe state recognizes payment delays can be costly but Contractor should also recognize that the inability to readily validate contract pricing has been correctly calculated and that delivery terms have been fulfill is the primary cause of payment delays. Therefore, so as to streamline invoice audits and to empower Contractor to get paid more quickly, all invoices are to be accompanied


with all supporting documentation needed to readily verify that contract prices have been correctly calculated and delivery terms have been met. This may include but may not be limited to:

a) A copy of the applicable OPIS posting used to calculate contract pricingb) A copy of the meter ticket or bill of lading as applicablec) Record of before & after delivery stick level readings d) Delivery receipt signed by the appropriate customer representative e) Copy of a detailed OSRO provider invoice for all spill response compliance drills

Invoices (as well as supporting documentation) are to be sent to the customer within 3-business days of the delivery and electronic invoices (preferably in an excel format) are to be followed up with hard copies. To ensure that invoices are processed in a timely manner Contractor must be diligent in preparing invoices as incorrect invoices may be returned unpaid for correction, reissue, and will likely result in delayed payments.

The Contractor shall submit a separate invoice for each delivery and at a minimum identify the following:

Contract number Customer name Customer account number Invoice number Delivery location (Terminal for WSF) Vessel Name Date of invoice Date of delivery Time of delivery (Required for WSF) Amount of fuel delivered (in gallons) Description of fuel delivered (separate line item for each fuel type delivered) Contractor’s OPIS Daily multiplier (may be identified as a comment on invoices) OPIS Daily Contract average reference price (may be identified as a comment on

invoices) Fuel additives or conditioners (if applicable) Contractors service fee (relevant to that delivery site) Emergency delivery fee (if applicable) Standby fee (if applicable) Fuel tax credits (if applicable) Applicable fuel related taxes (separate detail line for each tax) Applicable fuel related fees separate detail lines (i.e. Hazmat, First Possessor) including

spill responder’s unique confirmation number. BioDiesel tax credits must appear as a separate line item on invoices and may be

identified as a comment on invoices. (As a separate Invoice) Ferry passage reimbursement if applicable


5 DELIVERY REQUIREMENTS

5.1 QUALITY STANDARDS Marine refueling services will be initiated on an as needed basis but may include on-going regularly scheduled deliveries. The following shall apply to all deliveries:

a) Deliveries are to be made in a professional manner and in accordance with industry standard best practices. The Contractor shall comply with all applicable laws, ordinances, permits, and not unreasonably encumber the premises with equipment, materials and personnel. Delivery sites are to be kept free of the accumulation of waste, spillage or other debris caused by the delivery and the unloading of the fuel.

b) Tanks are to be filled in accordance with industry standard best practices and are not to be overfilled such that tank monitoring equipment malfunctions. The customer will be allowed to deduct any costs associated to resetting a tank’s monitoring equipment from the invoice should an overfill cause the equipment to malfunction.

c) The Contractor has the responsibility to verify delivery schedules. If the Contractor arrives outside the scheduled delivery time and is unable to or denied access to making the delivery, the customer shall incur no expense and the Contractor assumes all liabilities and responsibility for that attempted delivery.

d) If the customer and the Contractor arrange a mutually agreeable delivery date and time and the Contractor is unable to fulfill the delivery because no customer representative was available (within ¾ hour of the agreed upon time) the Contractor may bill the customer the service fee and then reschedule the delivery.

5.2 SAFETY STANDARDS The handling of the fuel shall comply with all applicable safety laws and standards of the State of Washington and standards established by the United States Department of Homeland Security, United States Department of Transportation, the United States Department of Labor's Occupational Safety and Health Act (OSHA), accepted industry practices, and City/County requirements.

5.3 SECURITY All on-site service personnel used to service these accounts must comply with customer security requirements prior to making any fuel deliveries under this contract.

a) WSF requirements for access control

Consistent with applicable federal regulations and the Coast Guard approved WSF security plan, all WSF delivery sites are considered restricted areas for security purposes. Contractor shall be considered a WSF vendor and will need to follow established protocols for vendor security. All delivery personnel will have to make application for, and obtain, a Transportation Worker's Identification Credential (TWIC) from the Federal Transportation Security Administration, which involves a criminal background check before access can be granted or would have to be fully escorted by a person holding a TWIC throughout the delivery process. During periods of elevated maritime security threat levels, as determined by the U.S. Coast Guard, additional operational restrictions may be imposed. The customer is to


coordinate security activities and provide the Contractor sufficient advance notification of changes.

b) Additional Specific Requirements

The Maritime Transportation Security Act (MTSA) implementing regulations require WSF to know who is accessing their property, and for what purpose. To comply with the regulations, WSF’s Alternative Security Plan calls for the following:

I. Vendor/Contractor Employee Identification Lists . Fuel vendors are to submit and maintain an accurate list of all employees who will be delivering fuel to WSF sites. The list must also contain the name of the company contact persons, and contact phone numbers are good for any time period when one of their employees may be working at a WSF facility. Specifically, the above vendor/contractor information must be sent to:

Mr. Edmund (Ned) KileyWashington State Ferries Security Officer2911 Second AvenueSeattle, WA 98121-1080Or emailed to: [email protected]

This list of employee names will be supplied to the WSF Operation Center Watch Supervisors, Terminal Supervisors, and Terminal Sellers who may reference the list when vendor/contractor employees need access to WSF facilities.

II. Vendor/Contractor Employee I.D. Cards . Vendor employees are to present picture identification to a WSF Terminal Seller every time they seek entry onto WSF property. The identification must comply with U.S. Coast Guard I.D. requirements, in that it must:- Contain the full name of the individual;- Contain a photograph clearly depicting the person’s current facial features;- Contain the name of the issuing organization; and- Be laminated, or constructed of some other material so as to be tamper resistant.

NOTE: Most states’ drivers’ licenses fulfill U.S.C.G. identification requirements and are therefore acceptable means of identification at WSF.

III. Vendor/Contractor Parking Pass . Should a vendor/contractor’s services require parking on a WSF terminal, the Terminal Seller will issue the employee a disposable parking pass that, when displayed, allows the vehicle to be parked at the terminal on the day of issue for the time duration services are being provided. A pass must be obtained each time the vendor’s vehicle enters the facility. Any vehicle not displaying a parking pass is subject to tow at owner’s risk and expense.

NOTE: All vehicles entering a WSF facility are subject to security screening by Washington State Patrol personnel.

IV. Restricted Areas. All areas on WSF terminals and vessels that are not considered public access areas shall be designated with conspicuous signs as restricted areas. Restricted areas will be locked, barricaded or otherwise physically delineated. Fuel vendor employees needing to enter a restricted area to provide services will need to be granted access by a


WSF employee. Fuel vendor employees may be asked to present picture identification prior to entering a restricted area even if they previously showed identification upon entrance to the terminal. Vendor/contractor employees should not attempt to enter a restricted area without the permission/direction of a WSF representative. An unauthorized person in a restricted area constitutes a reportable breach of security that must be communicated to the U.S. Coast Guard.

NOTE: When the vehicle traffic arm at the head of the vehicle transfer span is in the down position the transfer span is a restricted area. Access to the vessel past the traffic arm is only allowed with permission from a WSF representative.

c) WSF security requirements for fuel delivery

Another requirement mandated by regulation is the need to ensure all materials taken aboard terminals and vessels are checked for appropriateness prior to being brought onboard. In addition to checking picture identification of the vendor employees delivering goods to WSF facilities, WSF’s security measures also require all fuel delivery to be checked against the order request form to ensure the fuel was legitimately ordered for that particular vessel.

Fuel deliveries will be according to a prearranged schedule. Upon arrival of the fuel truck at the terminal, WSF shall personally verify the driver’s identity, using the approved photo identification to ensure that it matches the expected driver on the schedule or the driver given by the WSF Operations center if there is a deviation from the schedule. Upon verification of the driver’s identity, and with the approval of the Person in Charge the fuel or oil truck will be allowed to access the vessel.

If the driver’s identity does not match any of the company employees in the vendor data base, the fuel or oil delivery will be denied until such time that the vendor can appropriately verify the driver’s identity through coordination with the Operations Center Watch Supervisor. If fuel or bulk lube oil has not been ordered, the Person in Charge shall refuse acceptance until appropriate verification can be established. At higher Marine Security (MARSEC) Levels additional restrictions may be imposed including the need for two pieces of identification.

5.4 NEGLIGENCE The Contractor assumes all liability and responsibilities for the handling and transportation of the fuel until it has been successfully placed in the storage tank(s) and the Contractor has vacated the delivery site. The Contractor shall be responsible for any and all damage to buildings and/or properties caused by delivery trucks, operating personnel and damages or services necessitated by the failure to deliver fuel or the delivery of faulty product and equipment. Any repair or clean up services shall be made at the Contractor's expense and to the satisfaction of the customer. If the Contractor fails to comply with these requirements within a reasonable time, the customer may deem it expedient to repair damages and perform the necessary services at the expense of the Contractor. Should the fuel be negligently unloaded into the wrong tank (i.e. diesel fuel into a gasoline storage tank), the Contractor is responsible for the immediate removal, cleaning and replacement of both products and liable for any resulting damage.


5.5 SPILL RESPONSIBILITIESThe Contractor is solely responsible for any and all spills, leaks or releases, which occur as a result of, or are contributed to by, the actions of its agents, employees, or subcontractors. Therefore, the Contractor is expected to take all measures as required by law to prevent fuel spills (which includes but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water). In the event of a fuel spill, leak, or release, the Contractor shall be responsible for the required notifications, containment, clean up, and disposal of the oil spilled and agrees to take the following actions:

a) If warranted, evacuate and warn those persons that may be affected by the spill.b) Immediately contact the appropriate Emergency Response Agencies as required.c) Notify the appropriate customer representative of the spill.d) Clean up the spill in a manner that complies with federal, state and local laws,

regulations, rules and standards.e) For spills, that occur other than on a customer’s owned or leased property; provide all

notifications and reports as specified by federal, state and local laws, regulations, rules, standards and permits.

f) Complete all required spill prevention training (at the Contractor’s expense).g) Supply all required spill management and prevention equipment.

Note: Although the Contractor will be responsible for supplying all spill management and prevention equipment, WSF has pre-staged 2000 feet of spill containment boom at nine (9) WSF terminal locations and this equipment is available as an optional resource should the Contractor elect to utilize it. The locations are as follows: Point Defiance, Vashon, Southworth, Bremerton, Bainbridge, Kingston, Port Townsend, Clinton and Anacortes.

Should the Contractor fail or refuse to take the appropriate and timely containment, clean up, disposal actions, the customer may do so and the Contractor shall reimburse the customer for all expenses incurred including fines levied by appropriate agencies of federal or local governments. If there are no moneys due, the remediation costs shall be the responsibility of the Contractor or submitted as a claim to the bonding company.

Should a spill be detected during the course of a marine refueling event, the Contractor shall initiate a coordinated spill response in accordance with current U.S. Coast Guard and DOE rules, regulations, and laws. Once the fuel passes through the vessel’s fuel manifold, the customer takes possession of the product.

5.6 VOLUME VERIFICATION REQUIREMENTSTo ensure that delivery volumes are accurately calculated the following shall apply:a) Dispensing meters are to be certified by the Washington State Department of

Weights and Measures and delivery volumes shall not be temperature corrected. b) Deliverer is to perform and record before and after delivery stick level readings for

each delivery. c) All invoices are to be accompanied with the appropriate volume delivery verification

documentation including but not limited to a metered delivery ticket, bill of lading as well as a record of before and after delivery stick level readings.


d) Following approval by the state contract administrator and at the prompting of the customer, transport containers are to be sealed until the fuel is unloaded. For sealed container deliveries, if there is a significant difference (as determined by the customer) between the metered quantity and the reading obtained by sticking the tank, the customer will pay the metered quantity, provided that the customer representative verifies that the container was completely emptied.

e) Should a customer representative be unavailable to sign the delivery receipt, stick level readings will serve as proof of delivery. In such cases, the driver is to note on the receipt that “no one available to sign” and sign the receipt themselves. Invoices and payments shall be for gross gallons delivered.

5.7 ENVIRONMENTAL CONSIDERATIONS Contractors shall comply with all environmental regulations relevant to the contracted refueling service provided. Be advised that the Department of Ecology is currently drafting new Mobile Transfer rule which is slated to be complete in October 2007 and may impact this contract. Under consideration is to require:

Haulers to equip delivery vehicles with spill response kits. Marine delivery drivers to receive and maintain 24-hour “Hazwoper” training

certification. Require pre-booming of marine vessels prior to refueling tanks via mobile transfers. Training requirement to Ecology's Facility Personnel Oil Handling and Certification

levels. This would be developed by the company and approved by Ecology as adequate. Require delivering company to develop a comprehensive spill contingency plan Require a wireless or remote shut-off device capable of stopping flow of oil from both

the mobile facility and the vessel. Require all personnel with oil transfer duties have radios and a secondary means of

communication.Because the new fuel transfer regulations may apply to all deliveries (and not just this contract) no price adjustments will be allowed.

6 FUEL SPECIFICATIONS

6.1 PETROLEUM FUELAll fuel supplied must meet or exceed the most current ASTM specifications. The state reserves the right to test fuel samples to verify specification compliance and failure to supply fuel that meets the minimum specifications may result in contract termination.

6.2 BIODIESEL Many customers have had success introducing biodiesel and are poised to increase their volume commitment as availability allows. Other high-volume fuel purchasers such as WSF have more demanding performance requirements dictating a more exacting and consistent specification of the highest purity so as to achieve reliable results. Should a problem arise, the customer may need to track down the source of the problem so as to rule out biodiesel as the root cause. As the biodiesel market matures, the state anticipates that biodiesel quality and reliability issues will be resolved. Until then, the state seeks to offer customers two different biodiesel specifications (B#1 & B#2) as defined herein. The main differentiator is that the B#1


specification is intended to offer customers improved quality control measures whereas the B#2 specification is intended to offer customers access to what is readily available. At a minimum, all B#1 biodiesel must conform to the following:

6.3 B#1 QUALITY Besides adhering to government and industry quality standards, the B#1 must at a minimum:

a) Be produced by a BQ 9000 certified producerUpon request of the purchaser, a certificate of analysis shall be provided for the B#1 ordered. The Contractor shall retain this certificate for a period of 3 years. ASTM testing will be required for biodiesel suspected of not meeting the quality standards defined herein and will be at the Contractors’ expense. Note: The National Biodiesel Board BQ-9000 Accreditation Program has developed a system for monitoring the production, handling and distribution of biodiesel that maintains the fuel properties at the ASTM D6751 specification with rigorous requirements for sampling, testing, storage, retention of samples, blending and shipping.

b) Be consistent in manufacture (one producer utilizing one feedstock) The distributor shall take a sample of the B-100 B#1 product from each batch and seal, label, and store the samples for a period of 7-months. Upon request of the purchaser, the Contractor shall supply the sample for testing purposes.

c) Be free of contamination resulting in bacteria or condensation. If bacteria are present, the appropriate treatment shall be applied to the biodiesel at the Contractor’s expense.

d) Be filter-cleaned to 2 microns or less. The B 100-B#1 must be filtered to 2 microns on transfer from storage tanks to the hauler's truck.

e) Be virgin from a single feedstock and homogeneousNote: The inclusion of recycled products (i.e. “yellow grease”) in the manufacturing process will not be permitted for the B#1 specification.

f) Meet or exceed ASTM D-6751-06b specification

6.4 B#1 MINIMUM SPECIFICATIONS Contractor has on record with the state a certification letter from its BQ 9000 certified producer stating that the minimum specifications as shown will be met or exceeded.

Property Test Method Current Limits Units

Flash point (closed cup) D 93 130.0 min °C

Water and Sediment D 2709 0.050 max % volume

Kinematic Viscosity, 40°C D 445 1.9–6.0 mm2/s

Sulfated Ash D 874 0.020 max % mass

Sulfur – S500 D 5453 0.05 max (500) % mass (ppm)


Sulfur – s15 D 5453 .0015 max (15) % mass (ppm)

Copper Strip Corrosion D 130 No. 3 max

Cetane Number D 613 47 min

Cloud Point D 2500 -1° °C

Carbon Residue D 4530 0.050 max % mass

Acid Number D 664 0.50 max mg KOH/g

Free Glycerin D 6854 0.020 % mass

Total Glycerin D 6854 0.240 % mass

Phosphorus Content D 4951 0.001 max % mass

Distillation Temperature, AET, 90% D 1160 360 max °C

Calcium and Magnesium EN 14538 5.0 max ppm (ug/g)

Sodium plus Potassium (combined) EN 14538 5.0 max ppm (ug/g)

Oxidation Stability EN 14112 3 min hours

Water content Karl Fischer Moisture 500 max ppm

Particulate contamination 24 max mg/kg

Visual Appearance D 4176Free of undisolved

water, sediment and suspended matter

6.5 B#1 BLENDING & HANDLINGUnless the customer directs otherwise, the blending and handling of biodiesel must conform to the most current BioDiesel Handling and Use Guidelines as defined by the U.S. Department of Energy (currently September 2006, Third Edition, http://www.nrel.gov/docs/fy06osti/40555.pdf ).

a) The hauler shall blend the B100#1 with petroleum diesel as specified by the customer. b) The hauler is to load the biodiesel prior to loading the petroleum diesel. c) The B100#1 is to be transferred using clean, dedicated hoses that are properly labeled for

that purpose only. d) Unless the customer specifies otherwise (in writing) Biodiesel is to be metered into the

haulers compartments. e) Each compartment in the haulers vehicle shall be loaded with the correct percentage of

biodiesel corresponding to the blend ordered. If for example a B-20#1 blend was ordered,

http://www.nrel.gov/docs/fy06osti/40555.pdf


each compartment shall contain 20% by volume of biodiesel. Likewise, if a B-5#1 blend was ordered, each compartment shall contain 5% by volume of biodiesel.

f) After the biodiesel is loaded into the haulers truck, the tanks are then to be filled with petroleum diesel so as to achieve the requested biodiesel blend ratio and to achieve proper mixing.

g) Biodiesel blends shall be delivered to the receiving vessel in a homogenous state.

6.6 B#1 SAMPLING & TESTINGSo as to rule out biodiesel as the cause of any trouble, the Contractor shall obtain two samples of the delivered product upon request of the purchaser. These samples shall be retained by the Contractor for 7 months from the delivery date and provided to the end user upon request. The two samples shall consist of:

a) A one-quart sample of B-100#1 at the time the biodiesel is loaded into the hauler’s tank truck and

b) Unless the customer specifies otherwise, a 1-quart sample of the blended, finished product (e.g. B-20, B-5) at the time of delivery. This sample shall be taken from the middle of one of the hauler’s tank truck compartments using an appropriate sample gathering device.

6.7 B#1 PRODUCT AGEBiodiesel in its pure form (B-100) is known to degrade due to age. The state seeks to obtain as fresh a product as practical but in no case shall the product be older than four months from the date of manufacture.

6.8 BIODIESEL B#2 QUALITYBesides adhering to government and industry quality standards, the B#2 must at a minimum:

a) Be consistent in manufacture (one producer utilizing one feedstock)b) Be free of contamination resulting in bacteria or condensation.

If bacteria are present, the biodiesel the appropriate treatment shall be applied at the Contractor’s expense.

c) Be virgin from a single feed stock. d) Meet or exceed ASTM-D-6751-06b specification

6.9 BIODIESEL B#2 BLENDING & HANDLINGUnless the customer directs otherwise, the blending and handling of biodiesel must to conform to the most current BioDiesel Handling and Use Guidelines as defined by the U.S. Department of Energy (currently September 2006, Third Edition, http://www.nrel.gov/docs/fy06osti/40555.pdf ).

a) The hauler shall blend the B100#2 with petroleum diesel as specified by the customer. b) The hauler is to load the biodiesel in accordance with industry standards. c) Unless the customer specifies otherwise (in writing) Biodiesel is to be metered into the

haulers compartments. d) Each compartment in the haulers vehicle shall be loaded with the correct percentage of

biodiesel corresponding to the blend ordered. If for example a B-20#2 blend was ordered,

http://www.nrel.gov/docs/fy06osti/40555.pdf


each compartment shall contain 20% by volume of biodiesel. Likewise, if a B-5#2 blend was ordered, each compartment shall contain 5% by volume of biodiesel.

e) After the biodiesel is loaded into the haulers truck, the tanks are then to be filled with petroleum diesel so as to achieve the requested biodiesel blend ratio and to achieve proper mixing.

6.10 BIODIESEL B#2 PRODUCT AGEBiodiesel in its pure form (B-100) is known to degrade due to age. The state seeks to obtain as fresh a product as practical but in no case shall the product be older than four months from the date of manufacture.

B#2 OPIS price multiplier $1.0039

7 SPECIAL TERMS & CONDITION

7.1 CONTRACTOR PERFORMANCEa) General Requirements: The state, in conjunction with contract users, monitors and maintains

records of Contractor performance. Said performance shall be a factor in evaluation and award of this and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the State Procurement Officer.

b) Liquidated Damages: The state has an immediate requirement for the materials, equipment or services specified herein. Contractor shall give careful consideration to the state’s requirements and to the manufacturer’s production capabilities when establishing a delivery date(s). Liquidated damages will be assessed in the amount of actual damages incurred by the state as a result of Contractor’s failure to perform herein.

c) Cost of Remedying Defects : All defects, indirect and consequential costs of correcting, removing or replacing any or the entire defective product, materials or equipment will be charged against the Contractor. Contractor(s) will not however be liable for defects resulting from improper installation by purchaser.

7.2 MATERIALS AND WORKMANSHIP The Contractor shall be required to furnish all new materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of equipment for this contract shall conform to all codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of equipment. Refurbished products are not allowed without prior approval by purchaser.

7.3 DELIVERY DEFAULT In the event that the Contractor fails to fulfill delivery terms the customer may purchase fuel from another supplier and the Contractor will be responsible for paying any additional acquisition costs. Habitual late or otherwise non-compliance to delivery terms shall be grounds for contract termination and recovery of damages.


Note: If the customer requires fuel that is not available at the rack and another hauler has access to this fuel, the customer may purchase the fuel from the non-contracted supplier and the Contractor will not be liable for the difference in price.

7.4 PRICING AND ADJUSTMENTSThe state recognizes that fuel market fluctuations can impact the haulers B&O taxes as well as the cost of fuel needed to perform deliveries. Even so, the fixed service fee in combination with the OPIS fuel price multiplier allows Contractor to protect profit margins irregardless of market fluctuations. Furthermore, because all fuel related taxes and fees are to be charged to customers on a pass-through basis, any fuel related fee or tax code adjustments will not impact the Contractor’s profit margin. The only known tax adjustment that could potentially impact the Contractor’s profit margins is B&O (currently sale price x 0.0047). Therefore, in the event the B&O tax increases (or decreases) the Contractor’s OPIS fuel price multiplier is to be adjusted relative to the adjustment to the B&O tax rate. No other price adjustments will be considered unless unanticipated market conditions warrant such action. In such cases the decision to grant a price adjustment will be at the discretion of the State Contract Administrator and shall not result in a higher profit margin for the Contractor. A minimum of thirty (30) calendar days advance notification of a price increase will be required and is to be accompanied by sufficient documentation to justify the requested increase.

7.5 OTHER AGREEMENTSDuring contract life, should the Contractor enter into an agreement (of similar in scope and value) with another customer which incorporates improved benefits or pricing, the Contractor shall immediately notify the State Contract Administrator and amend the state contract to provide similar benefits or pricing.

7.6 PURCHASING CARD ACCEPTANCEIn an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time, it is not mandatory that the Contractor accept credit card purchases, we encourage all state Contractors to consider this alternate payment process. The current card available for state agency use is a VISA product.

7.7 REPORTING REQUIREMENTSProviding timely and ongoing quarterly customer sale usage reports will not only be a contract requirement but will also an important factor impacting in the decision to extend contract(s). Below is a description of the reports that are to be provided.

a) Sales & Subcontractor Report A quarterly Sales and Subcontractor Report shall be submitted in the format provided by the Office of State Procurement. Contractors may retrieve the report electronically at http://www.ga.wa.gov/PCA/forms/usage.doc . Total purchases for each State Agency and higher education institutions are to be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Reports are due thirty (30) days after the end of the calendar quarter, i.e., April 30th, July 31st, October 31st and January 31st.

b) State Contract Administrator Required Report

http://www.ga.wa.gov/PCA/forms/usage.doc


This report will be designed by the State Contract Administrator. At a minimum, the Contractor must have the information available to report (in an electronic spreadsheet format) on a Monthly basis the following:

Customer name Delivery site Fuel type delivered Gallons delivered (per fuel type) per quarter

c) Retention of RecordsThe Contractor shall maintain, for at least three years after completion of this contract, all relevant records pertaining to this contract. This shall include, but not be limited to, all records pertaining to actual contract performance from the date of contract award. It shall also include information necessary to document the level of utilization of MWBE’s and other businesses as subcontractors and suppliers in this contract as well as any efforts the Contractor makes to increase the participation of MWBE’s. The Contractor shall also maintain, for at least three years after completion of this contract, a record of all quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in this contract. The State shall have the right to inspect and copy such records. If this contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations, or statutes included or referenced in the contract documents.

7.8 INSURANCE REQUIREMENTS General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the contract. Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the state that insurance in the following kinds and minimum amounts has been secured within fifteen (15) calendar days of receipt of notice of award. Failure to provide proof of insurance, as required, shall result in contract cancellation.Contractor agrees to assume full liability for all claims arising from this contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State.a) Specific Requirements:

Employers Liability (Stop Gap): The Contractor shall at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and shall maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The state shall not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.Commercial General Liability Insurance: The Contractor shall at all times during the term of this contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this contract. This insurance shall cover such claims as may be


caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants. The insurance shall also cover bodily injury, including disease, illness, and death and property damage arising out of the Contractor’s premises/operations, independent Contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insured's (cross liability) conditions.Contractor waives all rights against the State for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance for shall not be less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury,

personal injury and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. MSC90 endorsement and CA 9948 endorsement including upset and overturn.

3. Workers' Compensation: Statutory requirements of the State of residency.4. Employers Liability Stop Gap: $1,000,000.5. Umbrella $4,000,000 over General Liability and Automobile to equal $5,000,000 per

occurrence limit.6. Pollution Liability: $5,000,000. Coverage to include loading and unloading of all

petroleum products.

Business Auto Policy (BAP): In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either.The business auto liability shall include Hired and Non-Owned coverage.Contractor waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

b) Additional Provisions: Above insurance policies shall include the following provisions:Additional Insured: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, and pollution and property insurance policies. All policies shall be primary over any other valid and collectable insurance.Notice of policy(ies) cancellation/non-renewal: For insurers subject to RCW 48.18 (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the State forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this contract.For insurers subject to RCW 48.15 (Surplus Lines) a written notice shall be given to the State twenty (20) calendar days prior to cancellation or any material change to the policy (ies) as it relates to this contract.

http://www.leg.wa.gov/pub/rcw/RCW%20%2048%20%20TITLE/RCW%20%2048%20.%2015%20%20CHAPTER/RCW%20%2048%20.%2015%20%20CHAPTER.htm



If cancellation on any policy is due to non-payment of premium, the State shall be given a written notice ten (10) calendar days prior to cancellation.Identification: Policy (ies) and Certificates of Insurance shall reference the state’s contract number.Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception shall be reviewed and approved by the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies shall comply with RCW 48.15 and WAC 284-15.Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.Pollution Coverage: Contractor shall obtain pollution legal liability coverage for the duration of the contract, including investigation and legal defense costs, for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed. Such coverage shall provide coverage for both on-site and off-site clean-up costs and cover gradual and sudden pollution.Maritime Laws and Coverage: Contractor is responsible for providing insurance to comply with Longshoremen‘s and Harbor Workers’ Act and Jones Act if applicable to the work or services provided under this contract.

http://www.leg.wa.gov/pub/wac/WAC%20284%20%20TITLE/WAC%20284%20-%2015%20%20CHAPTER/WAC%20284%20-%2015%20%20CHAPTER.htm



OFFICE OF STATE PROCUREMENTPERFORMANCE REPORT

To OSP Customers:Please take a moment to let us know how our services have measured up to your expectations on this contract. Please copy this form locally as needed and forward to the Office of State Procurement Purchasing Manager. For any comments marked unacceptable, please explain in remarks block.

Procurement services provided: Excellent Good Acceptable Unacceptable Timeliness of contract actions Professionalism and courtesy of staff Services provided met customer needs Knowledge of procurement rules and regulations Responsiveness/problem resolution Timely and effective communications

Comments:

Agency: Prepared by:

Title:

Contract No.: 02207 Date:

Contract Title: Marine Refueling ServicesPhone:

Send to:

Purchasing ManagerOffice of State ProcurementPO Box 41017Olympia, Washington 98504-1017


PRODUCT/SERVICE PERFORMANCE REPORT

Complete this form to report problems with suppliers or to report unsatisfactory product or services. You are also encouraged to report superior performance. Agency personnel should contact suppliers in an effort to resolve problems themselves prior to completion and submission of this report.

Contract number and title: 02207 – Marine Refueling Services Supplier’s name: Supplier’s representative:

PRODUCT/SERVICE:

Contract item quality higher than required Damaged goods deliveredContract item quality lower than required. Item delivered does not meet P.O./contract specificationsOther:

SUPPLIER/CONTRACTOR PERFORMANCE:

Late delivery Slow response to problems and problem resolutionIncorrect invoice pricing. Superior performanceOther:

CONTRACT PROVISIONS:

Terms and conditions inadequate Additional items or services are required.Specifications need to be revised Minimum order too high.Other:

Briefly describe situation:

Agency Name: Delivery Location:Prepared By: Phone Number: Date: Supervisor:

Send To:

Send to:

Keith FarleyContracts SpecialistOffice of State ProcurementPO Box 41017Olympia, Washington 98504-1017

STATE OF WASHINGTON - Access Washington Home · Web viewA list of Washington members is available at: Contract Terms: This Document includes excerpts of terms and conditions published

Documents