Date Issued: 12/22/2017Invitation to Bid Number: 17-10

5075 Research

Huntsville, AL 35805(cell) 205-910-5052

DATE ISSUED: 12/22/2017INVITATION TO BID NUMBER: 17-10

The Cooperative will accept sealed bids for the following:Fuel & Fueling Systems

Bids must be received before:January 17, 2017 at 2:00pm

Bids will be publicly opened: at January 17, 2017 at 2:00pm

For questions contact Charles Booth at 205-910-5052 or email .

Return sealed Bids, properly identified,include a hard copy with original signatures, 1 copy of the original version and your entire response in electronic format on a compact disc or other medium to:

Hand Delivered: Mail:

NACPA NACPA

C/O TARCOG C/O TARCOG

5075 Research Drive 5075 Research Drive

Huntsville, AL35805Huntsville, AL35805

I/We agree to furnish at the prices shown and guarantee that each offered will meet or exceed all specifications, terms and conditions, and requirements listed. I herein affirm I have not been in any agreement or collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding or otherwise. I have read and understand all terms and conditions of this bid.

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Company NameAuthorized Signature

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Mailing AddressTyped Authorized Name

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City, State, ZipTitle

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TelephoneEmail

The North Alabama Cooperative Purchasing Association, hereinafter referred to as the "Cooperative," was established to consolidate the procurement of equipment and supplies in order to obtain volume discounts for all agencies in the Cooperative.

The "host" agency for the "Cooperative" will be the “Top of Alabama Regional Council of Governments” (TARCOG) located at: 5075 Research Drive Huntsville, AL 35805.

The award of all bids will be made by the Coordinator in accordance to the provisions set forth in the Intergovernmental Agreement.

Each member of the "Cooperative" will be responsible for the issuing of its own Purchase Orders, delivery instructions, invoicing, insurance requirements and the issue of its own tax exemption certificates as required by vendor.

The members of the "Cooperative" at present are as follows:

Alabaster Water Board / City of Tuscaloosa
ARC of Madison County / Morgan County Commission
City of Arab / Cullman County Commission
City of Arab School System / Cullman County School System
City of Athens Utilities / Decatur Utilities
City of Athens / Dekalb County Commission
City of Athens School System / Dekalb County Fire Association
City of Decatur / Huntsville Housing Authority
City of Decatur School System / Limestone County Commission
City of Hartselle School System / TARCOG (Host Agency)
City of Madison / Town of Fyffe
City of Madison School System / Town of Ider
City of Muscle Shoals / Town of Sylvania
City of Rainsville

It is anticipated that the following local entities, but not limited to, within Alabama may participate in the “Cooperative” as a member and that vendors must agree to provide any additional members listed below the same prices as quoted in any existing “Cooperative” contract.

City of: / Town of: / County Commissions:
Albertville / Ardmore / Colbert
Arab / Bridgeport / Cullman
Boaz / Courtland / Jackson
Cullman / Elkmont / Lauderdale
Florence / Falkville / Marshall
Ft. Payne / Gurley / Morgan
Gadsden / Hillsboro / DeKalb
Guntersville / New Hope / Lawrence
Huntsville / Owens Cross Road / Madison
Mouton / Rogersville / Limestone
Scottsboro / Stevenson / Tuscumbia
Sheffield / Trinity / Triana
Colleges & Universities
Alabama A&M / N. E. Rainsville
Calhoun Community / N. E. Muscle Shoals
Drake Technical / UAH / UNA
School System of or within: / Lauderdale County
City of Albertville / City of Hartselle / Madison County
City of Arab / City of Huntsville / Marshall County
City of Florence / City of Muscle Shoals / Morgan County
City of Ft. Payne / City of Tuscumbia / Jackson County
City of Gadsden / City of Sheffield / Lauderdale County
City of Guntersville / Colbert County / Limestone County
Cullman County / Lawrence County / DeKalb County
Other:
Airport Authority
Huntsville/Madison County Mental Health
NACOLG
Space and Rocket Center
Von Braun Civic Center
All Housing Authorities and public utilities, Health Departments, Volunteer Fire Departments of the Municipalities and Counties listed herein

Further, any public agency or non-profit agency authorized by state law to participate as a member of NACPA may use NACPA contracts after becoming a member.

Note: The office of the State of Alabama, Examiner of Public Accounts has ruled that any non-profit entity in Alabama may participate in the NACPA, and vendor must agree to honor this contract with those entities.

STANDARD TERMS AND CONDITIONS

IN ORDER TO SUBMIT A RESPONSIVE BID, IT IS VERY IMPORTANT THAT ALL TERMS AND CONDITIONS, SPECIFICATIONS AND INSTRUCTIONS ARE READ THOROUGHLY.

Bid response envelopes must be properly identified on the front with the invitation to bid number and bid item description. Each individual invitation to bid must be submitted in a separate sealed envelope. Multiple bid responses submitted in the same envelope/courier package (that are not in separate envelopes properly identified) will be rejected. The Cooperative does not assume responsibility for late bid responses that occur due to the U.S. Postal Service or private courier service. Sufficient lead-time should be allowed to reach the Purchasing Department prior to the “received date and time” indicated on the invitation to bid.

Bid responses and signature page must be submitted on this form in ink or typewritten or the bid will be rejected. Bidders shall submit (1) original bid response and (1) copy and are asked to submit their response in electronic format.

Bid responses and signature page must be submitted on this form in ink or typewritten or the bid will be rejected.

For a “no-bid” response, return the signature page signed and marked “no bid.” It is required that a “no-bid” response be identified on the envelope as if it were a bid.

Bidder will be removed from active bidders list after three (3) consecutive no-responses.

The attached specifications are being provided to potential bidders as guidelines that describe the type and quality of equipment, supply, and/or service the Cooperative is seeking to purchase. The bidder must indicate compliance or list exceptions to each specification item for consideration. Failure to comply with this provision could be cause for rejection of the bid.

Bid responses must be received by the Cooperative prior to the date and time specified. Late responses cannot be accepted.

The Cooperative will not accept facsimile transmissions of bids.

Changes or modifications of this Invitation to Bid are allowed only by written authority of the Coordinator.

Non Appropriation of Funds: Continuation of any agreement between members of the Cooperative and a bidder beyond a fiscal year is contingent upon continued legislative appropriation of funds for the purpose of this bid and any resulting agreement. Non availability of funds at any time shall cause any agreement to become void and unenforceable and no liquidated damages shall accrue to the Cooperative member as a result.

Descriptive Literature: Reference to brand names and numbers is not restrictive, unless otherwise specified. Bids on equivalent items meeting the standards of quality indicated will be considered, providing the bid clearly describes the item offered and indicates how it differs from the referenced brands. Descriptive literature on any supplemental information necessary for comparison purposes should be submitted with the bid or the bid for that item may be rejected.

The Cooperative reserves the right to reject all or any portion of this Invitation to Bid when the best interest of the Cooperative are involved.

The Members of the Cooperative is exempt from all Federal, sales and use taxes.

In order to be considered a responsive and responsible vendor and to be eligible for award of this contract each vendor must be able to prove compliance with State of Alabama Department of Revenue Administrative Rule 810-8-1-.24 (Sections 40-2A-7(a)(5) and 40-17-18, Code of Alabama 1975. Effective August 14, 2003.)

FTA Required Clauses

A copy of the Federal Transit Administration Required and other Model Clauses shall bemade apart of any Contract. The document is non-negotiable and can not be altered in anyway. All clauses may not apply to the resulting Contract. Due to its length, it is referenced inthe Invitation to Bid and can be viewed at:

All bidders shall maintain such insurance as will protect bidder and the Cooperative from claims under Workman’s Compensation Acts and from claims for damage and or personal injury, including death, which may arise from the operation and/or fulfillment of the resulting contract of this Invitation to Bid. Insurance shall be written by companies authorized to do business in the state of Alabama. Evidence of insurance shall be furnished to the Cooperative no later than ten days after award of this bid.

A member of the Cooperative reserves the right to terminate any contract resulting from this bid for just and reasonable cause whereby it appears to be in the best interest of the member.

The successful bidder agrees by, The submittal of a response to this bid, to defend, indemnify, and hold the Cooperative harmless from any and all causes of action or claims of damages arising out of or related to bidder’s performance under this contract.

A Bid Bond must be in the form of a bond, certified check, cashier’s check, company check, or any form of legal tender deemed appropriate by the Cooperative in the amount of Five Hundred Dollars ($500.00) which will be returned upon the award of contract. The Bid Bond will be retained by the Cooperative until such time a contract is executed, upon which time a Performance Bond may be required of the awarded vendor.

A BID RESPONSE WILL BE REJECTED IF:

• Bid response not properly identified
• No Bid Bond Included
• Received too late / no bid
• Multiple bids in same envelope not submitted or identified properly
• Bid response not in original form
• Bid not signed or not original signature
• Requested information not submitted with bid
• Failure to acknowledge receipt of addendum with bid
• Alteration of the bid document and language from the Master document

Contract Period: 12 months with an option to renew for 2 additional 12 month periods upon agreement of NACPA and the successful vendor (s).

The Cooperative reserves the right to require a Performance Bond from the successful vendor. In lieu of a Performance Bond, a bank’s irrevocable Letter of Credit made payable to the North Alabama Cooperative Purchasing Association in an amount negotiable by the Cooperative and vendor could suffice or an agreement in writing between the Cooperative and vendor that if successful vendor fails to perform or default, the Cooperative may procure the services from other sources and hold vendor responsible for any excess costs occasioned thereby, Force Majeure remedies will be considered on access of any vendor default.

NACPA also reserves the right to give special consideration to the vendor that quotes on all products.

NACPA reserves the right to award this bid to one vendor intotal or to various vendors on any part thereof when the award would be in the best interest of the members.

After award of this bid, NACPA may choose to terminate this bid or any member may cancel on an individual basis by submitting, in writing a 30 day notice of its intent to cancel.

An electronic version of this bid document is available by emailing . Vendors are asked to use these documents for producing their hard copy response to the invitation to bid. Further, an electronic version of you bid response is requested in order to speed evaluation time and date of award.

Successful vendor shall bear all costs of transportation, packing, crating, delivery, installation, storage, and service under warranty, F.O.B. destination; to the appropriate designated delivery location. The costs of delivery, cartage, temporary storage, off-loading costs, and insurance are the responsibility of the vendor. No charges other than those included in the bid response price will be paid by the requisitioning NACPA member.

Notice to All Vendors:

Pursuant to the State of Alabama Competitive Bid Law and the Intergovernmental Agreement of the Cooperative, members of the Cooperative may choose to use the State of Alabama Contracts, solicit bids for the same products themselves, use the NACPA Cooperative Contracts; or use the bids of other cooperatives legally available to a NACPA member. NACPA reserves to disregard all bid responses if the same or similar bid items are available on the State of Alabama contract for a price equal to or less than prices quoted for a particular bid. NACPA may choose to award or decline to make an award taking into consideration bid items and prices on the Alabama State Contracts.

(By signing below, you are agreeing to NACPA‘s Terms and Conditions & the Special Terms and Conditions as included herein.)

By signing this contract, represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade.

VENDOR______

AUTHORIZED SIGNATURE______

Notice: As a condition of contract, grant or incentive performance with the members of NACPA, compliance with the requirements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act must be provided. Please enter the name of your company and your name and complete the affidavit below. Your signature must be notarized.

BUSINESS NAME: ______

APPLICANT’S NAME: ______

E-VERIFY AFFIDAVIT

I am the applicant listed above. In my capacity as ______of the business entity listed above, I do hereby execute this affidavit on behalf of the business listed above and, by executing this affidavit, I verify that business’ compliance with Section 31-13-9 of the Code of Alabama, 1975, stating affirmatively that it does not knowingly employ, hire for employment or continue to employ an unauthorized alien. Further, the business has registered with and is participating and will participate during the performance of any contract with the members of NACPA in the federal work authorization program known as “E-verify” web address , operated by the United States Citizenship and Immigration Service Bureau of the United States Department of Homeland Security to verify information of newly hired employees pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P. L. 99-603, in accordance with the applicable provisions of Alabama’s Immigration law.

The undersigned further represents that, should the business employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the members of NACPA, it will secure from such subcontractor(s) verification of compliance with Section 31-13-9 of the Code of Alabama, 1975, in a form substantially similar to this affidavit. The Business further agrees to maintain records of such compliance and provide a copy of each said verification on request of the members of NACPA.

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E-verify Employment Eligibility Verification User Identification Number

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Applicant

Sworn to and subscribed before me on this the ______day of ______, 20_____

Notary Public

My Commission Expires: ______

Request for Bids

Request for Bids for Motor Fuel. The NACPA members are requesting bids on motor fuels for member’s vehicles, which range from passenger cars to fire trucks, utility trucks, construction equipment, etc.

The objective in seeking offers is to reduce fleet fueling cost, improve service, and reduce environmental risks.

The vendors must provide a fixed margin over OPIS or other measure for the following products (Attachment A):

1.Regular unleaded gasoline (87-88 octane)

2.Unleaded plus gasoline (89-90 octane)

3.Premium unleaded gasoline (91 and above octane)

4.Number 2-diesel fuel (low sulfur) and/or UL Diesel Fuel and Off Road Diesel

The RFB is seeking a vendor to consign fuel to the Cooperative members’ vehicles and/or storage facilities under Option 1 to establish or utilize existing refueling stations throughout the State of Alabama and the U.S. It is required that these refueling stations are available for use around the clock, and are able to handle electronic billing to any individual departments of the participating agency. Fuel prices must be at a fixed rate over the Oil Pricing Information System (OPIS) or other measure specified in the vendor’s bid response.

The vendor is responsible for all maintenance required by the system from base of the dispensing unit, to include the dispensing unit, to the card reader control unit, and any and all equipment related to dispensing of fuel.

Description of Cooperative/Need of Members

As has been stated, the NACPA includes a variety of members and needs of those members. The NACPA has chosen to bid fuel in three (3) parts. The bidder may bid on option one (1), two (2), or three (3), and in any combination thereof. It is the wish of the NACPA that one Vendor is awarded the bid in total, allowing for more accountability and continuity of services. Any option to be operated by a card will have the cards issued at no cost for all NACPA members and their employees. The three (3) fueling options are:

Option 1)Magnetic stripped, ATM/Credit Card style, plastic cards, to be used at local, commercial pumps with all exempt taxes removed at the point-of-sale. If price is not established relative to OPIS, please explain the basis of pricing and indicate if any discount relative to retail is available in the questionnaire. The card should be able to be used throughout the region and State of Alabama at stations that offer gasoline and diesel. There must be an accompanying Personal Identification Number (PIN) with each card. The system must have the capability of identifying cards used to obtain fuel. The card should allow for fueling limits such as number of times per day a card can be used and/or number of gallons allowed per day. The card should have an 800/toll free phone number on the back to report problems and/or a stolen or missing card. The card should be able to be discontinued upon notification of it being stolen or missing. The NACPA and its members will not be responsible for charges on the card 24 hours after it has been reported stolen, missing, or simply requested to be deactivated. It is preferred that at least one (1) site in each zip code will be opened 24 hours a day 365 days a year, well lit, and be manned 24 hours a day. The sites will be able to accommodate vehicle clearance height of no less than 14 ft. Vendors will be allowed up to thirty (30) days post award to have at least one (1) fueling station in each county of the EARPDC region that accepts its card.