Loading...
HomeMy WebLinkAboutResolution - 2009-R0292 - Agreement - Rip Griffin - Purchase And Delivery Of Bulk Gasoline And Diesel Fuel - 07/28/2009RESOLUTION NO. 2009-RO292 July 28, 2009 Item No. 6.2 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for the purchase and delivery of bulk gasoline and diesel fuel, RFP#09-047-MA, and any associated documents, a copy of which Agreement is attached hereto which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 28th day of July , 2009. ArW4- TOM MARTIN, MAYOR ATTEST: Rebecc Garza, City Secretary APPROk/EI) AS TO CONTENT: Chief Financial Officer APPROVED AS Res.Fuel 7.22.09 Fuel Purchaser: City of Lubbock Address: 1625 13'b Street Lubbock TX 79401 Telephone No.: (806) 775-2165 Fax No: (806) 775-2164 Rip Griffi�� Travel Centers 4710 4ih Street Lubbock TX 79410 Phone (806) 795-8785 • Fax (806) 795-6574 FIXED PRICE QUOTATION Contact Person: Victor Kilman, Director of Purchasing and Contract Management In response to your purchase inquiry of: July 16, 2009, Rip Griffin Truck Service Center, Inc ("RGTSC") is pleased to submit this Quotation, which will be valid through July 28, 2009 (the "Outside Acceptance Date"'). Your execution below and return of the same to us, on or before the Outside Acceptance Date, shall indicate your agreement to the terms and conditions of this Quotation and the Provisions of Agreement, attached hereto as Exhibit A and incorporated herein by this reference (collectively, the "Agzeemcnt"). Quantity Product Price (EXCLUDING TAXES) Delivery Location See Exhibit B attached hereto and incorporated herein by reference. TERM OF AGREEMENT: January 1, 2010 through December 31, 2010 (the "Term") PAYMENT TERMS: Net 15 Days without discount GENERAL PROVISIONS: 1. Effective Date. The "Effective Date" of this Agreement shall be the date deliveries commence, notwithstanding the date of execution by the parties. 2. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and can only be revised or amended in writing, signed by both parties. 3. Tests required by the City for specification compliance shall be provided by a third party certified laboratory mutually agreed by both parties. 4. We will not be responsible for any discrepancies or variances that may occur between the invoiced fuel volume and the City's recorded fuel volume due to the fact we do not have care, custody or control of the facility. 5. Prices are based on the average net pricing of OPIS closing Benchmark File of previous day at 6:00 p.m. 6. In compliance with the City of Lubbock RFP 09-047-MA we will not accept a partial bid, we will only agree on an "all or nothing" bid. 7. Any delivery of 500 gallons or less per tank will be billed $100.00 per hour round trip. Thank you for this opportunity to submit a quote on your fuel product needs. FUEL PURCHASER: RGTSC: CITY OF LUBBOCK A Huni.cipality By: TOM MARTIN Its: mayor Date: July 28 .200 9 EST Rely cca Garza, z y Sec Lary RIP GRIFFIN TRUCK SERV �Tjexas Corp oyat-ion A r By: Mark-C i'fffn Its: President Date: July 17 ,2009 CENTER, INC 1 EXHIBIT A PROVISIONS OF AGREEMENT The following terms and conditions are incorporated into and form an integral part of the Ouotation to which they are attached, with the same beine collectively referred to as the "Agreement",as provided therein 1. PURCHASE ORDER LANGUAGE. All purchase orders utilized under this Agreement must contain the following language: "This purchase order is issued as acceptance of RGTSC's Quotation dated July 28th, 2009 and of all the term and conditions thereof, including but not limited to the "Provisions of Agreement" attached thereto (collectively, the "Agreement"). The Agreement shall control over any purchase order, delivery sheet or other document used by Fuel Purchaser, regardless of whether or not such document is signed by an employee of RGTSC." 2. PRICE ADJUSTMENTS. In the event fuel prices are to be determined by reference to an index, the price for each product shall be that first published on the date of delivery. Fuel Purchaser acknowledges that the prices of product sold under this Agreement, if stated in a dollar and cents figure, are based upon consideration of several factors and, as such, are subject to increase or decrease by Seller, in its sole discretion, at any time during the Term of this Agreement, without prior written notice to Fuel Purchaser. In the event any increase in price is unacceptable to Fuel Purchaser, Fuel Purchaser may elect to immediately discontinue future purchases hereunder, only as to the product or products for which the price was increased; provided that, Fuel Purchaser timely makes such election in accordance with any requirement of RGTSC in such regard, it being understood that Fuel Purchaser may discontinue the purchase of other products hereunder and/or terminate this Agreement only upon thirty (30) days prior written notice to Seller. 3. TAXES. Fuel Purchaser shall be responsible for any and all taxes arising from or related to the transactions contemplated by this Agreement, including but not limited to, all domestic and foreign taxes and duties now or hereafter imposed directly or indirectly: (i) on fuel products purchased by Fuel Purchaser hereunder and (ii) on the production, manufacture, transportation, purchase, sale, use or handling of such fuel products, of any material contained in such fuel products, or of any material from which such fuel products are wholly or partly refined or manufactured. Upon receipt of any invoice, bill or assessment related to such taxes or duties, Fuel Purchaser shall promptly and timely pay the same. 4. WDEMNITY. To the extent permitted by applicable law, Fuel Purchaser hereby agrees to defend, indemnify and hold harmless RGTSC, its parent, subsidiaries, affiliates and related companies, and the partners, officers, directors, members, employees and representatives of any of the foregoing, from and against any and all liabilities, claims, liens, damages, fines or penalties, losses, judgments, costs and expenses (including attorneys fees and court costs), of whatever kind or nature and in any manner directly or indirectly arising out of, in connection with or resulting from (i) any breach of this Agreement or the performance of its obligations under this Agreement by Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, (ii) the negligence (whether active or passive) of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, and (iii) the willful misconduct of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, it being understood that Fuel Purchaser's obligations hereunder shall not apply to liabilities caused by the sole or gross negligence or willful misconduct of the indemnified party. RGTSC may participate in any investigation or defense of any claim or action hereunder and may, at its option, notwithstanding the foregoing indemnity, elect to conduct any investigation or litigation regarding a claim for which it is indemnified hereunder through counsel of its own choosing and expense. This indemnification shall survive the expiration or termination of this Agreement. 5. MANNER OF PAYMENT: DEFAULT IN PAYMENT. All payments hereunder shall be made by Fuel Purchaser in U.S. dollars, without discount, deduction or offset of any kind, and in accordance with the other terms of this Agreement. If at any time, in RGTSC's opinion, Fuel Purchaser's creditworthiness becomes impaired or otherwise unsatisfactory, RGTSC may require that Fuel Purchaser (i) make only cash payments for products hereunder and/or (ii) provide such security, as RGTSC determines necessary or desirable, for Fuel Purchaser's payment and performance under this Agreement. Upon Fuel Purchaser's failure to timely pay any amount due to RGTSC hereunder, such amount shall (i) accrue interest at the rate of eighteen percent (18%) per annum and (ii) be subject to a late charge equal to ten percent (10%) of the outstanding sum due. The accrual of interest on such amounts and such late charge shall not prejudice any other remedies available to RGTSC under this Agreement or applicable law. Page 1 of 4 G. RATABLE LIFTING. If the term of this Agreement extends beyond one (1) calendar month, the following terms and conditions shall apply: Lifting; Volume Tolerance: Fuel Purchaser shall lift all monthly quantities of fuel purchased under this Agreement by the end of each calendar month, on a ratable basis (i.e. with the monthly volume being lifted in approximately equal amounts each day of a calendar month, as practical). In any event (i) during each week of the Term, Fuel Purchaser shall lift no more than one hundred five percent (105%) and no less than ninety-five percent (95%) of the applicable monthly contract volume ("MCV"); and (ii) during each calendar month of the Term, the actual monthly volume ("AMV") of fuel lifted by Fuel Purchaser shall be within five percent (5%) of the applicable MCV. Lifting Above MCV. Upon written agreement of the parties, Fuel Purchaser may lift above the MCV for any calendar month of the Term. In the absence of such written agreement, all volume lifted above the applicable MCV shall be priced and payable at RGTSC's pricing formula reflected in RGTSC's response to the City of Lubbock Request for Proposal 09-047-MA. Underlifting of MCV. In the event Fuel Purchaser lifts less than ninety-five percent (95%) of the MCV for any calendar month of the Term, Fuel Purchaser shall pay to RGTSC an amount equal to the pricing formula reflected in RGTSC's response to the City of Lubbock Request for Proposal 09-047-MA per gallon multiplied by the product of MCV less AMV. 7. CAPACITY — ABILITY TO PERFORM. If RGTSC determines, in its sole discretion, that its ability to perform under this Agreement is significantly impaired or impractical, as to one or more products, for any reason whatsoever, upon written notice to Fuel Purchaser, RGTSC shall be relieved of any and all obligations hereunder (as to such product or products). In such event, RGTSC shall not be liable for any claims, damages or liabilities resulting from or in any way related to a delay in delivery, or non -delivery, of product to Fuel Purchaser. Nothing in this Section I I shall be construed to extend the Term of this Agreement or to relieve Fuel Purchaser of its obligation to (i) pay for product actually delivered or (ii) otherwise perform under this Agreement. 8. FORCE MAJEURE, RGTSC's failure to perform any term or condition of this Agreement as a result of conditions beyond RGTSC's reasonable control, including, but not limited to, Acts of God, natural disaster or severe weather conditions, war, strikes, riots, picketing or other labor troubles or disputes, malicious mischief, civil commotion, the inability to procure materials, shortages, government restrictions, power failures, the damage, destruction or malfunction of any network facilities or servers, performance failures of third parties upon which RGTSC may rely in its performance hereunder, and the total or partial failure of transportation facilities customarily available to RGTSC, shall not be deemed a breach of this Agreement. 9. LIMITED WARRANTY AND LIMITATION OF DAMAGES. BEYOND THE BASIC DESCRIPTION OF THE PRODUCT BEING SOLD TO FUEL PURCHASER UNDER THIS AGREEMENT, RGTSC MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, CONDITION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT BY OR ANY OTHER MATTER RELATING TO THE PRODUCT, FUEL PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE NONCONFORMING PRODUCT. IN ANY EVENT, RGTSC SHALL NOT HAVE ANY RESPONSIBILITY TO FUEL PURCHASER FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OR ANTICIPATED PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, PURCHASE, USE, PERFORMANCE OR NONCONFORMANCE OF PRODUCT HEREUNDER. TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED OR IMPAIRED IF THE REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. 10. CLAIMS; REQUIRED NOTICE. Fuel Purchaser must notify RGTSC in writing of any claim for breach of the limited warranty provided in this Agreement within two (2) business days after delivery of the product at issue, it being agreed that Fuel Purchaser's failure to provide timely written notice shall constitute Fuel Purchaser's waiver of any such claim. Fuel Purchaser shall allow RGTSC reasonable opportunity to inspect the product at issue; provided that, if delivery of product is made in equipment furnished by RGTSC, notice of any claim and the reasonable opportunity to inspect shall be given prior to such product being unloaded. Fuel Purchaser shall immediately notify RGTSC in writing if any equipment used to deliver product is leaking or is otherwise not in good condition and repair. 11. NOTICE. All notices or other communication herein required or permitted shall be in writing and given by personal delivery or sent by (i) registered or certified mail, return receipt requested, postage prepaid, (ii) facsimile or (iii) Page 2 of 4 nationally recognized overnight courier service, addressed to the respective party as set forth on the first page of the Agreement (unless written notice of change thereof is provided). Notice shall be deemed given on the earlier of (i) actual receipt, (ii) three (3) business days after deposit in the U.S. Mail, (iii) the date of facsimile delivery/receipt confirmation, or (iv) the first business day after deposit with an overnight courier. Any notice or communication not received because of change of address, without notice to the other party thereof, or refusal to accept delivery, shall be deemed received on the date of attempted personal delivery or on the date, as indicated above, for other permitted methods of delivery. 12. MISCELLANEOUS. This Agreement and the legal relations between the parties shall be governed by the laws of the State of Texas without giving effect to any conflict of law provision (whether of the State of Texas or any other jurisdiction) that would cause the application of the law of any other jurisdiction. No waiver by RGTSC of any breach or default of any provision of this Agreement shall waive any subsequent breach or default of the same or any other provision. Fuel Purchaser may assign its rights under this Agreement only upon the prior written approval of RGTSC and, notwithstanding any such assignment, Fuel Purchaser shall not be released from its obligations hereunder, absent RGTSC's written agreement to the contrary. This Agreement may be executed in one or more counterparts, and by facsimile, all of which counterparts shall be considered one and the same agreement. In any action to enforce or defend this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated therewith. roas to fo rMI City Atkuiiwy A roved as to form kr victor KiTyan Director of Purchasing and Contract Management Page 3 of 4 EXHIBIT B Product Fixed price as on Taxes, Fees and Freight 712812009 Gasoline 2.3167 0.217 2.4315 ULSD 0.2192 ULSD-D ed 2.4315 0.0192 City Bus Product Fixed price as on Taxes, Fees and Freight 7/28/2009 Gasoline 0.4005 ULSD 1 2.4315 0.4622 Transport Loads - all loads 4,500 gallons or more. Bobtail Loads - all loads less than 4,500 gallons Page 4 of 4 Gasoline Fed Lust tax 0.001 Oil spill 0.0019 0.2029 State excise tax 0.2 TX load fee for 8000 gallons $15.00 0.001875 per gallon TaxealFees Freight 0.204775 + 0.0127 = 0.217 Dyed Dsl Fed Lust tax 0.001 Oil spill 0.0019 0.002900 TX load fee for 7500 gallons $11.75 0.001567 per gallon 0.001567 Taxes/Fees Freight 0.004467 + 0.0147 = 0.01916 Hwy dsl Fed lust tax 0.001 Oil spill 0.0019 0.2029 State excise tax 0.2 TX load fee for 7500 gallons $11.75 0.001567 per gallon 0.001567 Taxesffees Freight 0.204467 + 0.0147 - 0.219167 Page 5 of 4 City Bus Gasoline Fed tax 0.184 0.0019 0.3 oil spill 859 State excise tax 0.2 $15.00 0.001 TX load fee for 8000 gallons 875 Taxes/Fees 0,001875 Freight 0.387 775 + 0.0127 Hwy Dsl Fed tax 0.244 0.00i9 0.4 Oil spill 459 State excise tax 0.2 $i1.75 0.001 TX load fee for 7500 gallons 567 TaxeslFees 0.001567 Freight 0.447466 667 + 0.0147 Page 6 of 4 0.400475 0.46216667 0.184 0.0019 0.3 0.400475 0.46216667 Rip Grriffi",.,Wp, Trccvrd Centers 4710 4 h Street Lubbock TX 79416 Phone (806) 795-9785 • Fax (806) 795-6574 FORMULA PRICE QUOTATION (Transport Load) Fuel Purchaser: City of Lubbock Contact Person: Victor Kilman, Director of Purchasing and Contract Management Address: 1625 13'h Street Lubbock TX 79401 Telephone No.: (806) 775-2165 Fax No: (806)775-2164 In response to your purchase inquiry of: July 16, 2009, Rip Griffin Truck Service Center, Inc ("RGTSC") is pleased to submit this Quotation, which will be valid through July 28, 2009 (the "Outside Acceptance Date"). Your execution below and return of the same to us, on or before the Outside Acceptance Date, shall indicate your agreement to the terms and conditions of this Quotation and the Provisions of Agreement, attached hereto as Exhibit A and incorporated herein by this reference (collectively, the "Agreement"). Quantity Product Price (EXCLUDINGTAXES) Delivery Location See Exhibit B attached hereto and incorporated herein by reference. TEWN1 OF AGREEMENT: January I, 2010 through December 31, 2010 (the "Term") PAYMENT TERMS: Net 15 Days without discount GENERAL PROVISIONS: 1. Effective Date. The "Effective Date" of this Agreement shall be the date deliveries commence, notwithstanding the date of execution by the parties. 2. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and can only be revised or amended in writing, signed by both parties. 3. Tests required by the City for specification compliance shall be provided by a third party certified laboratory mutually agreed by both parties. 4. We will not be responsible for any discrepancies or variances that may occur between the invoiced fuel volume and the City's recorded fuel volume due to the fact we do not have care, custody or control of the facility. 5. Prices are based on the average net pricing of OPTS closing Benchmark File of previous day at 6:00 p-m. 6. In compliance with the City of Lubbock RFP 09-047-MA we will not accept a partial bid, we will only agree on an "all or nothing" bid. 7. Any delivery of 500 gallons or less per tank will be billed $100.00 per hour round trip. Thank you for this opportunity to submit a quote on your fuel product needs. FUEL PURCHASER: RGTSC: CITY OF LUBBOCK A Municipality By: TOM MARTIN Its: mayor Date: JaZY 28 .200 9 A 5T Yr eb ca Garza, Ci y Secr&Qsary RIP GRIFFIN TRUCK SERVICE CENTER, INC Texas Corporation M , .may By: Mark Gri ' ` Its: President Date: July 17 .2009 EXHIBIT A PROVISIONS OF AGREEMENT The followine terms and conditions are incorporated into and form an inteeral part of the Quotation to which thev are attached, with the same being collectively referred to as the "Agreement", as provided therein. 1. PURCHASE ORDER LANGUAGE. All purchase orders utilized under this Agreement must contain the following language: "This purchase order is issued as acceptance of RGTSC's Quotation dated July 28th, 2009 and of all the term and conditions thereof, including but not limited to the "Provisions of Agreement" attached thereto (collectively, the "Agreement"). The Agreement shall control over any purchase order, delivery sheet or other document used by Fuel Purchaser, regardless of whether or not such document is signed by an employee of RGTSC." 2. PRICE ADJUSTiVIE'N T S. In the event fuel prices are to be determined by reference to an index, the price for each product shall be that first published on the date of delivery. Fuel Purchaser acknowledges that the prices of product sold under this Agreement, if stated in a dollar and cents figure, are based upon consideration of several factors and, as such, are subject to increase or decrease by Seller, in its sole discretion, at any time during the Term of this Agreement, without prior written notice to Fuel Purchaser. In the event any increase in price is unacceptable to Fuel Purchaser, Fuel Purchaser may elect to immediately discontinue future purchases hereunder, only as to the product or products for which the price was increased, provided that, Fuel Purchaser timely makes such election in accordance with any requirement of RGTSC in such regard, it being understood that Fuel Purchaser may discontinue the purchase of other products hereunder and/or terminate this Agreement only upon thirty (30) days prior written notice to Seller. 3. TAXES. Fuel Purchaser shall be responsible for any and all taxes arising from or related to the transactions contemplated by this Agreement, including but not limited to, all domestic and foreign taxes and duties now or hereafter imposed directly or indirectly: (i) on fuel products purchased by Fuel Purchaser hereunder and (ii) on the production, manufacture, transportation, purchase, sale, use or handling of such fuel products, of any material contained in such fuel products, or of any material from which such fuel products are wholly or partly refined or manufactured. Upon receipt of any invoice, bill or assessment related to such taxes or duties, Fuel Purchaser shall promptly and timely pay the same. 4. INDEMNITY. To the extent permitted by applicable law, Fuel Purchaser hereby agrees to defend, indemnify and hold harmless RGTSC, its parent, subsidiaries, affiliates and related companies, and the partners, officers, directors, members, employees and representatives of any of the foregoing, from and against any and all liabilities, claims, liens, damages, fines or penalties, losses, judgments, costs and expenses (including attorneys fees and court costs), of whatever kind or nature and in any manner directly or indirectly arising out of, in connection with or resulting from (i) any breach of this Agreement or the performance of its obligations under this Agreement by Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, (ii) the negligence (whether active or passive) of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, and (iii) the willful misconduct of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, it being understood that Fuel Purchaser's obligations hereunder shall not apply to liabilities caused by the sole or gross negligence or willful misconduct of the indemnified parry. RGTSC may participate in any investigation or defense of any claim or action hereunder and may, at its option, notwithstanding the foregoing indemnity, elect to conduct any investigation or litigation regarding a claim for which it is indemnified hereunder through counsel of its own choosing and expense. This indemnification shall survive the expiration or termination of this Agreement. 5. MANNER OF PAYMENT; DEFAULT IN PAYMENT, All payments hereunder shall be made by Fuel Purchaser in U.S. dollars, without discount, deduction or offset of any kind, and in accordance with the other terms of this Agreement. If at any time, in RGTSC's opinion, Fuel Purchaser's creditworthiness becomes impaired or otherwise unsatisfactory, RGTSC may require that Fuel Purchaser (i) make only cash payments for products hereunder and/or (ii) provide such security, as RGTSC determines necessary or desirable, for Fuel Purchaser's payment and performance under this Agreement. Upon Fuel Purchaser's failure to timely pay any amount due to RGTSC hereunder, such amount shall (i) accrue interest at the rate of eighteen percent (18%) per annum and (ii) be subject to a late charge equal to ten percent (10%) of the outstanding sum due. The accrual of interest on such amounts and such late charge shall not prejudice any other remedies available to RGTSC under this Agreement or applicable law. 6. RATABLE LIFTING. If the term of this Agreement extends beyond one (1) calendar month, the following terms and conditions shall apply: Page 1 of 4 Lifting; Volume Tolerance: Fuel Purchaser shall lift all monthly quantities of fuel purchased under this Agreement by the end of each calendar month, on a ratable basis (i.e, with the monthly volume being lifted in approximately equal amounts each day of a calendar month, as practical). In any event (i) during each week of the Term, Fuel Purchaser shall lift no more than one hundred five percent (105%) and no less than ninety-five percent (95%) of the applicable monthly contract volume ("MCV"); and (ii) during each calendar month of the Term, the actual monthly volume ("AMV") of fuel lifted by Fuel Purchaser shalt be within five percent (5%) of the applicable MCV. Lifting Above MCV. Upon written agreement of the parties, Fuel Purchaser may lift above the MCV for any calendar month of the Term. In the absence of such written agreement, all volume lifted above the applicable MCV shall be priced and payable at RGTSC's pricing formula reflected herein in Exhibit B which is attached hereto and incorporated herein by reference. Underlifting of MCV. In the event Fuel Purchaser lifts less than ninety-five percent (95%) of the MCV for any calendar month of the Term, Fuel Purchaser shall pay to RGTSC an amount equal to the pricing formula reflected herein in Exhibit B which is attached hereto and incorporated herein by reference. 7. CAPACITY — ABILITY TO PERFORM. if RGTSC determines, in its sole discretion, that its ability to perform under this Agreement is significantly impaired or impractical, as to one or more products, for any reason whatsoever, upon written notice to Fuel Purchaser, RGTSC shall be relieved of any and all obligations hereunder (as to such product or products). In such event, RGTSC shall not be liable for any claims, damages or liabilities resulting from or in any way related to a delay in delivery, or non -delivery, of product to Fuel Purchaser. Nothing in this Section 1 I shall be construed to extend the Term of this Agreement or to relieve Fuel Purchaser of its obligation to (i) pay for product actually delivered or (ii) otherwise perform under this Agreement. 8. FORCE MAJEURE. RGTSC's failure to perform any term or condition of this Agreement as a result of conditions beyond RGTSC's reasonable control, including, but not limited to, Acts of God, natural disaster or severe weather conditions, war, strikes, riots, picketing or other labor troubles or disputes, malicious mischief, civil commotion, the inability to procure materials, shortages, government restrictions, power failures, the damage, destruction or malfunction of any network facilities or servers, performance failures of third parties upon which RGTSC may rely in its performance hereunder, and the total or partial failure of transportation facilities customarily available to RGTSC, shall not be deemed a breach of this Agreement. 9. LIMITED WARRANTY AND LIMITATION OF DAMAGES. BEYOND THE BASIC DESCRIPTION OF THE PRODUCT BEING SOLD TO FUEL PURCHASER UNDER THIS AGREEMENT, RGTSC MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, CONDITION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT BY OR ANY OTHER MATTER RELATING TO THE PRODUCT. FUEL PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE NONCONFORMING PRODUCT. IN ANY EVENT, RGTSC SHALL NOT HAVE ANY RESPONSIBILITY TO FUEL PURCHASER FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OR ANTICIPATED PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, PURCHASE, USE, PERFORMANCE OR NONCONFORMANCE OF PRODUCT HEREUNDER. TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED OR IMPAIRED IF THE REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. 10. CLAIMS; REOUIRE❑ NOTICE. Fuel Purchaser must notify RGTSC in writing of any claim for breach of the limited warranty provided in this Agreement within two (2) business days after delivery of the product at issue, it being agreed that Fuel Purchaser's failure to provide timely written notice shall constitute Fuel Purchaser's waiver of any such claim. Fuel Purchaser shall allow RGTSC reasonable opportunity to inspect the product at issue; provided that, if delivery of product is made in equipment furnished by RGTSC, notice of any claim and the reasonable opportunity to inspect shall be given prior to such product being unloaded. Fuel Purchaser shall immediately notify RGTSC in writing if any equipment used to deliver product is leaking or is otherwise not in good condition and repair. 11. NOTICE. All notices or other communication herein required or pennitted shall be in writing and given by personal delivery or sent by (i) registered or certified mail, return receipt requested, postage prepaid, (ii) facsimile or (iii) nationally recognized overnight courier service, addressed to the respective party as set forth on the first page of the Agreement (unless written notice of change thereof is provided). Notice shall be deemed given on the earlier of (i) actual receipt, (ii) three (3) business days after deposit in the U.S. Mail, (iii) the date of facsimile delivery/receipt confirmation, or (iv) the first business day after deposit with an overnight courier. Any notice or communication not received because of change of address, without notice to the other party thereof, or refusal to accept delivery, shall be deemed received on the date of attempted personal delivery or on the date, as indicated above, for other permitted methods of delivery. Page 2 of 4 12. MISCELLANEOUS. This Agreement and the legal relations between the parties shall be governed by the laws of the State of Texas without giving effect to any conflict of law provision (whether of the State of Texas or any other jurisdiction) that would cause the application of the law of any other jurisdiction. No waiver by RGTSC of any breach or default of any provision of this Agreement shall waive any subsequent breach or default of the same or any other provision. Fuel Purchaser may assign its rights under this Agreement only upon the prior written approval of RGTSC and, notwithstanding any such assignment, Fuel Purchaser shall not be released from its obligations hereunder, absent RGTSC's written agreement to the contrary. This Agreement may be executed in one or more counterparts, and by facsimile, all of which counterparts shall be considered one and the same agreement. In any action to enforce or defend this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated therewith. ARP roved to content Victor Kill/man " Director of Purchasing and Contract Management Page 3 of 4 RFP 09-047-MA, Addendum No. 2 EXHIBIT B PRICE PROPOSAL UNLEADED TRANSPORT LOAD f4,500 gallons or more) 86 Octane 87 Octane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Unbranded Category 1 Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on Previous day OPIS Benchmark for fuel delivery beginning January 1, 2010. 1.9304 For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 0798 Category 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 2.0102 Category 4 Firm Fixed Carry Cost/Hedge Cost % 0/0 Cateaory 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 i Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 15 of 27 Page 4 of 4 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL NO.2 DYED DIESEL TRANSPORT LOAD (4,500 gallons or morel 40 Centane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Unbranded Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on Previous day OPIS Benchmark for fuel delivery beginning January 1, 2010. 1.8276 For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. Catec!ory 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 .08130 Category 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 1.9089 Category 4 _ Firm Fixed Carry Cost/Hedge Cost % Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: OH'eror's Initials Page 16 of 27 Page 5 of 4 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL NO.2 CLEAR ULS DIESEL TRANSPORT LOAD (4,500 gallons or more) 40 Centane Offeror must indicate whether product is Branded or Unbranded. Unbranded If Branded, please indicate product type Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on _Previous day OPTS Benchmark (date specific) for fuel delivery beginning January 1, 2010. 1.8461 For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 .0813 Category 3 r Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 Category 4 Firm Fixed Carry Cost/Hedge Cost Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 17 of 27 1.9274 Page 6 of 4 NPPP-Trawel C4enter-s 4710 4i° Street Lubbock TX 79416 Phone (806) 795-9785 • Fax (806) 795-6574 FORMULA PRICE QUOTATION (Bobtail Load) Fuel Purchaser: City of Lubbock Address: 1625 13'h Street Lubbock TX 79401 Telephone No.: (806) 775-2165 Fax No: (806) 775-2164 Contact Person: Victor Kilman, Director of Purchasing and Contract Management In response to your purchase inquiry of. July 16, 2009, Rip Griffin Truck Service Center, Inc ("RGTSC") is pleased to submit this Quotation, which will be valid through July 28, 2009 (the "Outside Acceptance Date"). Your execution below and return of the same to us, on or before the Outside Acceptance Date, shall indicate your agreement to the terms and conditions of this Quotation and the Provisions of Agreement, attached hereto as Exhibit A and incorporated herein by this reference (collectively, the "Agreement"). Quantity Product Price (EXCLUDING TAXES) Delivery Location See Exhibit B attached hereto and incorporated herein by reference. TERM OF AGREEMENT. January 1, 2010 through December 31, 2010 (the "Term") PAYMENT TERMS: Net 15 Days without discount GENERAL PROVISIONS: I. Effective Date. The "Effective Date" of this Agreement shall be the date deliveries commence, notwithstanding the date of execution by the parties. 2. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and can only be revised or amended in writing, signed by both parties. 3. Tests required by the City for specification compliance shall be provided by a third party certified laboratory mutually agreed by both parties. 4. We will not be responsible for any discrepancies or variances that may occur between the invoiced fuel volume and the City's recorded fuel volume due to the fact we do not have care, custody or control of the facility. 5. Prices are based on the average net pricing of OPIS closing Benchmark File of previous day at 6:00 p.m. 6. In compliance with the City of Lubbock RFP 09-047-MA we will not accept a partial bid, we will only agree on an "all or nothing" bid. 7. Any delivery of 500 gallons or less per tank will be billed S 100.00 per hour round trip. Thank you for this opportunity to submit a quote on your fuel product needs. FUEL PURCHASER: RGTSC: CITY OF LUBBOCK A Municipality By. TOM MARTIN Its: i!�yor _ Date: July 28 200 9 AT7X,,ST Re a ca Garza, C' c N ary RIP GRIFFIN TRUCK SERVICE CENTER, INC Texas Corporation Ifi — By: Mark m Its: President Date: July 17 .2009 EXHIBIT A PROVISIONS OF AGREEMENT The following terms and conditions are incorporated into and form an integral part of the Quotation to which they are attached, with the same being collectively referred to as the "Agreement", as provided therein. I. PURCHASE ORDER LANGUAGE. All purchase orders utilized under this Agreement must contain the following language: "This purchase order is issued as acceptance of RGTSC's Quotation dated July 28th, 2009 and of all the term and conditions thereof, including but not limited to the "Provisions of Agreement" attached thereto (collectively, the "Agreement"), The Agreement shall control over any purchase order, delivery sheet or other document used by Fuel Purchaser, regardless of whether or not such document is signed by an employee of RGTSC" 2. PRICE ADJUSTMENTS. In the event fuel prices are to be determined by reference to an index, the price for each product shall be that first published on the date of delivery. Fuel Purchaser acknowledges that the prices of product sold under this Agreement, if stated in a dollar and cents figure, are based upon consideration of several factors and, as such, are subject to increase or decrease by Seller, in its sole discretion, at any time during the Term of this Agreement, without prior written notice to Fuel Purchaser. In the event any increase in price is unacceptable to Fuel Purchaser, Fuel Purchaser may elect to immediately discontinue future purchases hereunder, only as to the product or products for which the price was increased, provided that, Fuel Purchaser timely makes such election in accordance with any requirement of RGTSC in such regard, it being understood that Fuel Purchaser may discontinue the purchase of other products hereunder and/or terminate this Agreement only upon thirty (30) days prior written notice to Seller. 3. TAXES. Fuel Purchaser shall be responsible for any and all taxes arising from or related to the transactions contemplated by this Agreement, including but not limited to, all domestic and foreign taxes and duties now or hereafter imposed directly or indirectly: (i) on fuel products purchased by Fuel Purchaser hereunder and (ii) on the production, manufacture, transportation, purchase, sale, use or handling of such fuel products, of any material contained in such fuel products, or of any material from which such fuel products are wholly or partly refined or manufactured. Upon receipt of any invoice, bill or assessment related to such taxes or duties, Fuel Purchaser shall promptly and timely pay the same. 4. INDEMNITY. To the extent permitted by applicable law, Fuel Purchaser hereby agrees to defend, indemnify and hold harmless RGTSC, its parent, subsidiaries, affiliates and related companies, and the partners, officers, directors, members, employees and representatives of any of the foregoing, from and against any and all liabilities, claims, liens, damages, fines or penalties, losses, judgments, costs and expenses (including attorneys fees and court costs), of whatever kind or nature and in any manner directly or indirectly arising out of, in connection with or resulting from (i) any breach of this Agreement or the performance of its obligations under this Agreement by Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, (ii) the negligence (whether active or passive) of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, and (iii) the willful misconduct of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, it being understood that Fuel Purchaser's obligations hereunder shall not apply to liabilities caused by the sole or gross negligence or willful misconduct of the indemnified party. RGTSC may participate in any investigation or defense of any claim or action hereunder and may, at its option, notwithstanding the foregoing indemnity, elect to conduct any investigation or litigation regarding a claim for which it is indemnified hereunder through counsel of its own choosing and expense. This indemnification shall survive the expiration or termination of this Agreement. 5. MANNER OF PAYMENT; DEFAULT IN PAYMENT. All payments hereunder shall be made by Fuel Purchaser in U.S. dollars, without discount, deduction or offset of any kind, and in accordance with the other terms of this Agreement. If at any time, in RGTSC's opinion, Fuel Purchaser's creditworthiness becomes impaired or otherwise unsatisfactory, RGTSC may require that Fuel Purchaser (i) make only cash payments for products hereunder and/or (ii) provide such security, as RGTSC determines necessary or desirable, for Fuel Purchaser's payment and performance under this Agreement. Upon Fuel Purchaser's failure to timely pay any amount due to RGTSC hereunder, such amount shall (i) accrue interest at the rate of eighteen percent (1 S%) per annum and (ii) be subject to a late charge equal to ten percent (10%) of the outstanding sum due. The accrual of interest on such amounts and such late charge shall not prejudice any other remedies available to RGTSC under this Agreement or applicable law. 6. RATABLE LIFTING. If the term of this Agreement extends beyond one (1) calendar month, the following terms and conditions shall apply: Page] of 4 Liftinp,; Volume Tolerance: Fuel Purchaser shall lift all monthly quantities of fuel purchased under this Agreement by the end of each calendar month, on a ratable basis (i.e. with the monthly volume being lifted in approximately equal amounts each day of a calendar month, as practical). In any event (i) during each week of the Term, Fuel Purchaser shall lift no more than one hundred five percent (105%) and no less than ninety-five percent (95%) of the applicable monthly contract volume ("MCV"); and (ii) during each calendar month of the Term, the actual monthly volume ("AMV") of fuel lifted by Fuel Purchaser shall be within five percent (5%) of the applicable MCV. Lifting Above MCV. Upon written agreement of the parties, Fuel Purchaser may lift above the MCV for any calendar month of the Term. In the absence of such written agreement, all volume lifted above the applicable MCV shall be priced and payable at RGTSC's pricing formula reflected herein in Exhibit B which is attached hereto and incorporated herein by reference. Underlifting of MCV. In the event Fuel Purchaser lifts less than ninety-five percent (95%) of the MCV for any calendar month of the Term, Fuel Purchaser shall pay to RGTSC an amount equal to the pricing formula reflected herein in Exhibit B which is attached hereto and incorporated herein by reference. 7. CAPACITY — ABILITY TO PERFORM. if RGTSC determines, in its sole discretion, that its ability to perform under this Agreement is significantly impaired or impractical, as to one or more products, for any reason whatsoever, upon written notice to Fuel Purchaser, RGTSC shall be relieved of any and all obligations hereunder (as to such product or products). In such event, RGTSC shall not be liable for any claims, damages or liabilities resulting from or in any way related to a delay in delivery, or non -delivery, of product to Fuel Purchaser. Nothing in this Section I l shall be construed to extend the Term of this Agreement or to relieve Fuel Purchaser of its obligation to (i) pay for product actually delivered or (ii) otherwise perform under this Agreement. S. FORCE MAJEURE. RGTSC's failure to perform any term or condition of this Agreement as a result of conditions beyond RGTSC's reasonable control, including, but not limited to, Acts of God, natural disaster or severe weather conditions, war, strikes, riots, picketing or other labor troubles or disputes, malicious mischief, civil commotion, the inability to procure materials, shortages, government restrictions, power failures, the damage, destruction or malfunction of any network facilities or servers, performance failures of third parties upon which RGTSC may rely in its performance hereunder, and the total or partial failure of transportation facilities customarily available to RGTSC, shall not be deemed a breach of this Agreement. 9. LIMITED WARRANTY AND LIMITATION OF DAMAGES. BEYOND THE BASIC DESCRIPTION OF THE PRODUCT BEING SOLD TO FUEL PURCHASER UNDER THIS AGREEMENT, RGTSC MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, CONDITION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT BY OR ANY OTHER MATTER RELATING TO THE PRODUCT, FUEL PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE NONCONFORMING PRODUCT. IN ANY EVENT, RGTSC SHALL NOT HAVE ANY RESPONSIBILITY TO FUEL PURCHASER FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OR ANTICIPATED PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, PURCHASE, USE, PERFORMANCE OR NONCONFORMANCE OF PRODUCT HEREUNDER. TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED OR IMPAIRED IF THE REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. 10. CLAIMS; REQUIRED NOTICE. Fuel Purchaser must notify RGTSC in writing of any claim for breach of the limited warranty provided in this Agreement within two (2) business days after delivery of the product at issue, it being agreed that Fuel Purchaser's failure to provide timely written notice shall constitute Fuel Purchaser's waiver of any such claim. Fuel Purchaser shall allow RGTSC reasonable opportunity to inspect the product at issue; provided that, if delivery of product is made in equipment furnished by RGTSC, notice of any claim and the reasonable opportunity to inspect shall be given prior to such product being unloaded. Fuel Purchaser shall immediately notify RGTSC in writing if any equipment used to deliver product is leaking or is otherwise not in good condition and repair. 11. NOTICE. All notices or other communication herein required or permitted shall be in writing and given by personal delivery or sent by (i) registered or certified mail, return receipt requested, postage prepaid, (ii) facsimile or (iii) nationally recognized overnight courier service, addressed to the respective party as set forth on the first page of the Agreement (unless written notice of change thereof is provided). Notice shall be deemed given on the earlier of (i) actual receipt, (ii) three (3) business days after deposit in the U.S. Mail, (iii) the date of facsimile delivery/receipt confirmation, or (iv) the first business day after deposit with an overnight courier. Any notice or communication not received because of change of address, without notice to the other party thereof, or refusal to accept delivery, shall be deemed received on the date of attempted personal delivery or on the date, as indicated above, for other permitted methods of delivery. Page 2 of 4 12. MISCELLANEOUS. This Agreement and the legal relations between the parties shall be governed by the laws of the State of Texas without giving effect to any conflict of law provision (whether of the State of Texas or any other jurisdiction) that would cause the application of the law of any other jurisdiction. No waiver by RGTSC of any breach or default of any provision of this Agreement shall waive any subsequent breach or default of the same or any other provision. Fuel Purchaser may assign its rights under this Agreement only upon the prior written approval of RGTSC and, notwithstanding any such assignment, Fuel Purchaser shall not be released from its obligations hereunder, absent RGTSC's written agreement to the contrary. This Agreement may be executed in one or more counterparts, and by facsimile, all of which counterparts shall be considered one and the same agreement. In any action to enforce or defend this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated therewith. s to content ai Victor Kilmbin Director of Purchasing and Contract Management Page 3 of 4 EXHIBIT B UP 09-047-MA, Addendum No. 2 PRICE PROPOSAL. UNLEADED BOBTAIL LOAD RFP 09-047-MA, Addendum No. 2 86 Octane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Unbranded Uategory I Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on previous day OPIS Benchmark for fuel delivery beginning January 1, 2010. 1.9304 For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. CateLyory 2 Firm Fixed Price Differential (margin, freight, delivery, storage, For loads up carrying costs, and all other expenses) per gallon. Itemize in the to 4500 space below. gallons Total Category 2 .2074 Category 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 2.1378 Category 4 Firm Fixed Carry Cost/Hedge Cost % % Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Ofleror's Initials Page 21 of 27 Page 4 of 4 PRICE PROPOSAL NO.2 DYED DIESEL BOBTAIL LOAD 40 Centane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Unbranded Category 1 Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on previous day OPIS Benchmark for fuel delivery beginning January 1, 2010. 1.8276 For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, For loads up to carrying costs, and all other expenses) per gallon. Itemize in the 4500 gallons space below. Total Category 2 0.1936 Category 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 2.0212 Category 4 Firm Fixed Carry Cost/Hedge Cost % % Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Catep,ory 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's hiitials Page 22 of 27 KH' U9-U41-MA, AddendUln No. L PRICE PROPOSAL NO.2 CLEAR DIESEL BOBTAIL LOAD 40 Centane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Unbranded Category 1 Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on previous day OPIS Benchmark for fuel delivery beginning January 1, 2010. 1.8461 For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, For loads up to carrying costs, and all other expenses) per gallon. Itemize in the 4500 gallons space below. Total Category 2 0.1936 Category 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 2.0397 Uate or 4 1- Firm Fixed Carry Cost/Hedge Cost Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 23 of 27 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into on this, the 31"" day of July, 2009 between the City of Lubbock, Texas, by and through its Mayor, and Rip Griffin Truck Service Center, Inc. ("RGTSC"), a Texas corporation, and shall, upon final execution, become part of the Contract, as hereafter defined. This MOU shall memorialize the mutual understanding by the parties that certain terms and conditions are attendant to, and are to be included for all purposes in, that certain fuel purchase contract (the "Contract") executed by and between the parties on July 28, 2009 pursuant to RFP 09-047-MA and RGTSC's response thereto. The parties agree that the following provision accurately represents the intent of the parties with respect to the Contract, and that said provision may be used by either party, as needed, to ascertain the meaning, or otherwise to understand, interpret, and enforce the Contract: "The price quotations, terms and provisions contained herein were presented pursuant to and in conjunction with City of Lubbock RFP 09-047-MA, and the RFP and RGTSC's response to the RFP dated June 29, 2009, are incorporated herein by reference. To the extent of any conflict between the RFP and RGTSC's response thereto and the Agreement, the Agreement shall control." No other terms or conditions shall comprise this MOU. Signed: TOM MARTIN, Mayor Don ayden, Chief FinarVal Officer Rip G T'raveI Centers June 29, 2009 City Hall 1625 13'h Street Lubbock, TX 29401 To: The Honorable Tom Martin, Mayor and City Council Members RE: Bulk Unleaded 86/87 Octane and Diesel 40.0 Cetane Thank you for the opportunity to bid on this project. We are proud to offer transport and bobtail quantities of Unleaded 86 Octane gasoline and No. 2 Dyed ULSD Diesel and No. 2 Clear ULSD Diesel in various quantities. We have a new Petroleum Storage Facility opening on Clovis Road around August 1, 2009. With the opening of this terminal we have the capability of offering wet or physical hedge tools employing buy and hold, storage agreements, exchanges for product, price point agreements, or fixed price contracts. We can also offer a delivered price into your facilities based on the OPIS Benchmark 6:00 pm close daily net average. When this Petroleum Storage Terminal is open in the City of Lubbock it will give us the flexibility to develop many different contract options and a greater security of supply. Please find enclosed an overview and history of our company. Sincerely, C2, GENERAL OFFICES • 5202 4TH STREET • LUBBOCK, TEXAS 79416 • (806) 795-8785 - FAX (806) 795-6574 P.O. BOX 10128 • LUBBOCK, TEXAS 79408 • www.ripgriffin.com • E-Mail: rips@fripgriffin.com MMODUGTION General Rip Griffin Truck Service Carta, lnoorponded, (the "Company') b a Texas company engaged in the operation of full servi« Truck/Travel Callas in Term Headqua teed in Lubbock Texas, the Company presently operates theca Truekrrravol Centers in Texas. Mr. B.R. ("Rip) Grit1m has developed the Company's network from one truck rtop with limited fuel and food aevicrs opened in 1962, to Truck/Travel Covers providing a full range of products and travel related services to both truckers and individual travedas. The Company also engages in the wholesale supply and distribution ofpctrWcum refined products and iubnoutts. THE BUSiN'E.SS History Rip Griffin Truck Service Center, Inc. was founded in Lubbock, Texas m 196Z by Mr. B.R. ("Rip' Griffin. The company has evolved from a single truest sop in Lubbock, Texas, to a regional Bulk Fuel Wbokaler located in the western and southern United Stairs Shown below is a list of the states in which Rip Grffm Truck Savice Center opaues. Taal retails facilities are Shell branded distributors. The states are: Arkansas Ariamm New New M NMexico Louisiana Texas Colorado l Products and Services i In addition to offering wholesale bulk root, Rip Oriflin Truck Service Ginter also offers Petrokurri Terminal Storage Facilities as well as various retail operations which include restaurants. convarieuce stores and gift shops. Fuel Terminals .�I A fuel terminal, scheduled to open in Lubbock in August of 2009. allows the Comp my to offer stodge capacity of I30,000 BBLS, as well as services including blaodhtg, rexxipt of products vie pipeline, rail and truck transport to instuc l adequaac and consistent supply. The terminal loading racks are shale of the art and msturc efficient and aide boding of product for delivery _ - OPERATIONS During the pant /7 years, the Campany's mmugemenl ba developed considerable atlicneoce in purchasing petroleum products from a number of mplios As a nsuh of these supply rotebankips and aipause, in the wholesale fuel merlket, the Company believes that it has been able to menage, it's per gallon costs of both diesel fuel and gasoline. Griffin Oil Company, operated w a separate profit center, in a bulk oil distributor wing commercial caustorners in ten counties awtoundimg Lubbock Fuel purses arc made by Griffin Oil Company with supply agreements with multiple suppliers btMh branded and unbranded. The Company owns 51 fuel trucks, which it uses whim prices and avdlability justify transporting product. The Camay transporb approximately 70 % of the volume of perolam products sold, wifh the remainder trnsEmrted by cememon drier. The company believes thal using its own tan kc trucks is more cost effoa m and ib a Company is better able to cvneol the flow of product In ih facilities and eustome's. Purchase tams are typically 10 days. MANAGEMENT AND EMPLOYEES The Company has approximately 100 local employees, none of who- is represented by a union. Approximately 8MM of the employees we paid an an hourly basis. Briefircsumes of top n magmrau are presented bcbw. Executive Officers B.R. ("Rip") Griffin, Chief Executive Ofbcer Marcus Rey Griffin, PresideaL Dallas Musgravq Vice Prc.sidentOperations. Don Hayden, Chief Financial Officer and Treasurer S.R. ("itip") Grim is C.E.O. Mr. Griffin obtained his Bachelor of Science degree from Texas Tech University in Lubbock, in 1955. He has spent 40 years in die development and managemerd of truck stops and related business after opening his fast truck stop in Lubbock in 1962. Mr. Griffin is the majority stockholder of B.RG., Inc., which is 100% owner of Rip Griffin Truck Service Center, Inc. Marcus Ray Griffin is President. Mark Griffin is the son of Mr_ H.R Gram and graduated from the University of Texas with a Bachelor of Science degree in 1976. He obtained a law degree from Texas Tech University in 1979. After practicing law for two years, he joined the Company in 1991, and presmtky eaves as President of the Company. Dallas Musgrave is vice President of Operations. Mr. Musgrave graduated from the University of Denver with a Bachelor of Science in Business Administration in 1967. He joined the Company in 1992 and is responsible for the general management of all TruciuTravai Centers. His previous experience included more than 20 yews in the restaurant and Eanchisc management field, primarily with Intapoint Corp. whirb owned ten truck stops, 20 full -service restaurants and 35 fi-anchiscd restaurants. Don Hayden is Chief Financial Of ccr and Treasurer. Mr. Hayden graduated fiom West Texas Slane University with a degree in finance and Texas Tech Unt vanity with an M-B.A He joined the Company in 1997. He has 30 years of corporate finance experience serving as Secretary/Treasurer of Tri-Matic, Inc., it Brownfield, Texas manufacturing firm and Controller of Leaseway Southwest, Inc. J Ji 1� t" 09-047-ram wdo,duan No 2 Bulk Unleaded Gasoline and Bulk Diesel Feel City of Lubbock, Texas RFP 09-047-MA Proposal Form, Addendum No. 2 This Form Must lie Included in Part IV of the Proposal TO: City of Lubbock The Honorable Tom Martin Mayor City Hall 1625 13a Street Lubbock, TX 79401 RE: Bulk Unleaded 86187 Octane and Diesel 40.0 Centane By submitting it proposal to the City, Offeror agrees that Offerur's Proposal shall continue a firm irrevocable offer to the City that Offeror shall not withdraw or modify without the City's approval for 90 days after the proposal due date. Offeror agrees that even if the City negotiates or makes a counter offer to Of1'erm on Offeror's original Proposal or any subsequent Prroposal submitted by Offeror to the City, ® Offeror hereby grants to the City, in the City's sole discretion, the unconditional right far the City to accept Offiror's original Proposal and the City's negotiation or counter offer shall not be deemed to be a � counter offer. `-� Offeror certifies that Offeror has provided the City with written notice of all ambiguities, conflicts, y mistakes errors or discrepancies that Offeror bas discovered in the RFP, the Instructions to Off Tors, the General Requirements, Proposal Form, and any other documetn. By executing a Contract with the City, y Offerorcertifies that Offeror commumented to City all ambiguities, conflicts, errors or discrepancies that it has discovered in the RFP, the Instructions to Offerors, the General Requirements, Proposal Form, nod any other documemt and that written resolution thereof by the City as embodied in the final Contract is S socrptabie to Offeror. Please list any exceptions to General Requirements in the RFP: Page 3/27, Section 2, Segment "e" — Test rhall be provided by a third party certified laboratory i mutually agreed by both parties. Page 9127, Section 7, Segment "d" — We will not agree to Segment "d" due to the Intl we do not have are custody or control of the facility. J Prices are based on the average set pricing of OP12S closing_ Benchmark File of previous day at 6:00 pm. Sec Exhibit B Page 9127, Addendum No. 2, par tgraph 7 a, VQ — Payment terms 10 days from date on invoice. 1 1 t O&au's tni jzh Page 13 of 27 RFP 09-047-MA, Adkodom No. 2 PRICE PROPOSAL The pricing strmcture iaelades six (6) cost categories. The total firm Axel price per gallon of delivered fuel to be paid by the City of Lubbock is the saw of cost categories five (5) and six (6). The Contractor cannot modify, change or increase the Total Delivered Firm Price per Gallon for the initial term of the contract. Prices must be anted in four (4) decimal places (10 tea thoosamdths} Offeror shall state in Category l the date specific to be used for the average met price per gallon published in the OPTS Daily Report for Lubbock, Texas, for fuel delivery beginning January 1, 2010. For evalmadom pumm s W:E, we the average met price published im the OPLS Daily Report for Lubbock, Texas, on June 2S, 2009. The firm fixed delivered price per gallon for the duration of the imitiml contract term shall be determined suing the average met price published in the OPTS Daily Report for Lubbock, Texas, on the date specific Offeror enters in Category 1. Contract award is scheduled to occur during July 2009. In addition to the pricing structure listed above, the City invites Offerors to submit alternate pr000saia on the 0Mror's own form using wet or physical hedge tools employing buy and hold, storage agreements, excisaages for product, prier poimt sgrreements, or Axed price physical delivery. Proposals most dadade all fees amociated with the cost of fuel (excluding tax) mad a list of all other fees that apply. Submit a sample contract for each alternate proposal and indicate the Initial term of the contract, the number of annual renewal options offered, and if prices are to remain firm and fixed for each renewal option: See attached — Exhibit "A" Oflisw's Initials Page 14 of 27 dal allr a�� Exhibit A 9 Month fixed price Illustration only Transport Load Bobtail Load Unleaded Gasoline 88 Octane Unleaded Gasoline 86 Octane Price Includes Delivery Price Includes Delivery Does Not Include Taxes and Fees Does Not Include Texas and Fees 1 Monthly Volume 60,DD0 gallons Monthly Gallons 7,DD0 gallons $2.1226 per gallon $2.1515 Transport Load Bobtail Load ULSO Clear ULSD Clear Price Includes Delivery Price Includes Delivery Does Not Include Taxes and Fees Does Not Include Taxes and Fees Monthly Volume 100,D0o Gallons Monthly Volume 15,000 Gallons $2.0700 $2.1130 Transport Load Bobtail Loads ULSO Dyed ULSD Dyed Price Includes Delivery Price inludes Delivery Does Not Include Taxes and Fees Does not Include Taxes and Fees Monthly Volume NW" Volume $2.0750 WIN These pdcas are based on a nine JO) month Fbred Price Con&act. Thaw prices are for Comparison only. Future Axed prices will be calculated at the beginning of the contract Opts Abernethy Low was used as a base price June 25, 2009 liar tdls Illustration. These prlcas have been calculated in the some manner as the cum mt fixed price contract now In place with the City Of Lubboclr. The mechanisms that trigger a fond pfts or price point shall be determined at ` the actual dab of the contract execution. } } Exhibit B For illustration purposes only LUBBOCK, Tx 2009-05-25 27:07:76 EDT ••OPIS CL08IN0 $ENCNNARK FILE•• --OPTS NET CLEAR PRICES.. 9.0 RVP Terms ❑nl Move Mid Move Pre Move Date Time Valero D N-10 184,3C . 1.DD 194.30 + 1.00 206.00 + 1.00 06125 13.3D Cenex b 1-10 192.31 - 6-00 202,21 - 6.00 212.11 - 4,00 06124 19:00 Chevron b I-10 193 94 - 3.40 201,54 - 3.40 213,94 - 3.40 06124 18:00 Texa[O b 1-10 193.94 - 3.40 203.54 - 3.40 223.94 - 3,40 06124 18100 ShamroCk b 1-1D 154.09 - 3.30 203.20 - 3.30 212.40 - 3.30 06124 18.00 Valero DS b 1-10 194.29 - 3,30 203.40 - 3.10 212.60 - 3.30 06/24 16:00 shell b 1-10 195,65 1.61 205,54 - 1.62 215.64 - 1.82 96124 18:00 Fin& b 1-10 295.77 - 4,25 2D4.68 - 4,25 215.57 - 4,25 06/24 18�00 COP b 1.10 -- -- -- -- -- -- -- •- 215.03 - 2.6D 06124 16:00 COP u N-10 -- -- -- -- -- -- -- -- 218.05 • 4.00 06/25 14:00 LOW RACK 184.30 194,30 206,80 HIGH RACK 195.77 205,64 229.05 RACK AVG 193.04 202.56 213.61 SRO LOW RACK 192.32 202.21 212.11 SRO HIGH RACY, 195.77 205.64 215.64 BRD RACK AVG 194.2E 203.74 213.9D UBD LOW RACK 194.30 194.30 206,80 U8D HIGH RACK 184.30 194.30 218,05 UBD RACK AVG 184.30 294.30 212.43 CONT AVG-06125 194.63 204.24 214.84 COh-T MET AVG-06125 112.91 102.44 213.11 CONT NET LOW-06125 111.30 193,30 205.80 CONT NET HI-06/25 195.77 205.64 215.64 LUBBDCx, Tx LOW a$CAIL 247.70 AVG RETAIL 253.72 LOW RETAIL EX -TAX 209.19 AVG RETAIL EX -TAX 219.50 LUBBOCK, TX 2009-06-25 17:07;16 EDT "DPIS CLOSING BSNMARx FILE•• ••OPIS NCH ET SPHRNOL4204f PRICES' • 9.❑ RVP Ter -me Unl Move Mid love Pre Move bate Time COP b 1-10 195.72 - 2.60 205.I3 - 2.60 215.03 - 2.60 06/24 18:00 "7 COP u N-10 203.05 + 4.00 212.55 + 4.DD 218.05 + 4.00 06/25 14,00 -1 LOW RACK 195.72 205.13 215.01 1 HIGH RACK 203.05 212.55 228.05 RACK AVG 199.39 208.84 716.54 BRD LOW RACK 195.72 205.13 215.03 BRD HIGH RACK 19S.7: 205.13 215.03 BRD RACK AVG 195.72 205.13 215.03 UBD LOW RACK 203.05 212.55 218.05 UBD HIGH RACK 203.05 212.95 216,05 UBD RACK AVG 203.05 212.55 218.05 CONS AVG-06/25 199.38 207.8E 215.63 1 CDNT NET AVG-06125 157.39 206.84 I14.54 I 1 CONT NET LOW-D6/25 195.72 205.13 214,05 CONT NET HI-06/25 199.05 208. 55 215,03 LUBBOCK, TX 20D9-06-25 17 07:16 EDT ••OPIS CLOSING BENCHhWtt: FILE" ••OPIS NET NO.2 DISTILLATE PRICES•• Ho.2 N0.2 H0.2 Terms LS Move HS Move ULS Move Dace Time Cenex b 1-20 -- -- -- -- -- -- -- -- 100,68 - 4.50 06/24 16:00 Chevron b 1-10 -- -- -- -- -- -- -- -- 1B1,17 - 3.60 06/24 19:00 Texaco b 1-10 -• -- -- - -- -- -- -" 441.17 - 1.60 06/24 18:00 COP b 1-10 -• •- -- -- -- -- -- -• 161.91 3.IS 06/24 18-0D f Shell b 1-10 -: •- -- -- -: -- -• 192.67 ♦ 2.02 06/25 09:45 li shell u H-10 _- - 192.67 . 2.00 06/25 09:45 Fins b 1-10 -- -- -- -- -• -- -- 182.70 - 5.15 D6/24 18:00 Valera u N-10 -- -- -- -- -- -- -- -- 183.05 . 2.50 06/25 13:30 COP u N-10 -• •- -- -- -• -- -- -- 1B5.35 + 4.00 D6/25 14:00 Shamrock b 1-10 -- -- -- -- -• -- -- -- 194.71 +10.85 D6/24 18:00 Valero 05 b 1-10 -- -- -- -- -- -- -- -- 194.73 +10.85 06/24 18:00 LOW RACK -• -- -• •- 100.68 NIGH RACK -• -- -- -- 194,73 RACK AVG -- -- -- 104.62 BRD LOW RACK -- -- -- -- 160.60 BRD HIGH RACK -_ __ ._ ._ 194.73 BRD RACK AVG -- -- -- -- 194,96 ' UBD LOW RACK -- -- -- -- 182.67 UBD HIGH RACK -- -- -- -- I85.35 UBD RACK AVG -- -- -- -- 103.69 _. CONT AVG-C6/25 -- -- -- -- 185.02 CONT NET AVC-06/25 a- -- _- -- 103.66 CUNT NET LOW-06/25 180.55 CONT NET MI-06/25 -- -- - 194.73 LUBBOCK, TX 2009.06-25 11:01:16 EDT +•OPIS ••OPIS NET N0.2 CLOSING BENCHMARK FILE•• RED -DYED DISTILLATE PRICES•• tic. 2 Pre No.2 'Germs LS RD Move LS RE Move ULS RD Move Date Time Cenex b 1-10 -- -- - 181.07 - 4,50 06/24 1B;D0 Chevron b X-10 -- -- -- -- -- -- -- -- 191.67 - 3.60 06/24 18:0D Texaco b 1-10 -- -- -- -- -- -- -- -• 191.67 - 3.60 06/24 18:00 - CUP b 1-10 -- -- -- -- -- -- -• -- 182.56 - 3.75 06/24 18:00 Shell u N-10 -_ -_ 183.D7 . 2.00 D6/25 09:45 Valero u N-10 _. _- -• -- _- - 193,40 + 2.50 06/25 13:30 COP U N-10 195.95 + 4.00 06/25 14:00 LOW RACK -- -- •- -• 181,07 NIGH RACK •- -- -- -- 7.85.85 RACK AVG -- -- -- -• 182.75 SRO LOW RACK 181.01 BRD HIGH RACK -- -- -- -- 182.56 BRD RACK AVG -- -- -- -• 181.74 URD LAW RACK -- -- -- -- 183.C7 UBD HIGH RACK -- -- -- -- 185.65 UBD RACK AVG 184.11 CONT AVO-06/25 -- -- -- -- 1B2.59 CONT MT AVG-06/25 -- -- -- -- 181.54 CONT NET LOW-06/25 -^ -- -- -- 180.90 CONT NET HI-06/25 -- -- -- -- 182.56 1 Copyright, Oil Price Information Service P RFP 09- 7-Mk Addrndizn No. 2 PRICE PROPOSAL UnEWED TRANMRT LOAD L%M nflQm or were 86 Octane 87 Octane Weror must indicate whether product is Branded or Unbranded. UBranded, please Indicate prodact type Unbranded Caterory 1 Average ad price per {albs published in the OPIS Daily Report for Labboch, Testts, on Previous day OPIS Benchmark for fuel delivery begiuoing January 1, 2011 1.9304 For evaluation purposes only, use the average net price published IN the OPIS Daily Report for Lobboch, Texas, oa June 25, 2M. retarnry 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrylag costs, and all other expenses) per gallon. Itemize to the Space below. Total Category 2 .0790 f'itwnry A Total Base Pries per Gallon SUM OF CATEGORIES 1 AND 2 2.201 Caterory 4 Firm Fixed Carry CmVflcdge Cost % % Category 5 -T ?'Ira Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 V.*—w A AN rederal, state and local mandated & applicable fees, casts, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Fb-m Price per Gallon or Unleaded Transport Imad SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal optioas offered and If the above prism are to renaia firm and fixed for each renewal option: OffoQ'z Initisb V 11 P*v 15 of 27 II UP o9-017-MA, Addmdw No. 2 PRICE PROPOSAL NO.2 CLEAR Q.S DIESEL TRANSPORT LOAD (S.000 nalkos or wore) 40 Centane Offeror most indicate whether product is Branded or Unbranded. Unbranded ff Branded, please indicate prodoe type Cateaory 1 Average nei prim per gallon published in the OPTS Daily Report for Lubbock, Texas, on _Previous day OPLS Bcncbonrk (date spedtk), 1.8461 for fuel delivery beginning January 1, M10. For eyabration purposes only, use the average ad price published In the OPIS Daily Eqmrt for Lubbock,Texas, on June 25 2009. Caftory 2 Firm Famed Prise Differential (nrargio, fright, delivery, storage, _ carrying costs, and all other expenses) per gallon. Itemize is the space below. Total Category 2 .0813 Category 3 Total Bane Pries per Gallon SUM OF CATEGORIES 1 AND 2 L n74 ® Cabe o 4 Firm Fixed Carry Cost/Hedge Cod �� Category S Fins Price per Gabon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 AB federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize to the space below. Total Category 6 Total Delivered Firm Prim per Gallon of Unleaded Transport Imd SUM OF CATEGORIES S AND 6 Indicate the anmber of annual renewal options offered and if the above prim are to rta uda Ilan wad Oxed for each renewal opdoa: l n N -$ binds o Page 17 of 27 RFP 04-o/7-MA, Addendum No. 2 Ll PRICE PROPOSAL UNLEADED BOBTAIL WAD _ 86 Octane Offeror mast indicate whether product is Branded or Unbranded. If Branded, picase indinte prodaet type Unbranded Unbranded C�teroty I Average met prier per gallon published is the OPIS Daily Report for Lubbock, Texas, on previous day OPIS Benchmark for feel delivery beginning January 1, 2010. 1.9304 1.9304 For evaluation purposes only, am the average met price published in the OPTS Daily Report for Lubbock, Texas, on dune 25, 2009. + Catemry 2 Firm Fixed Price Differential (margla, freight, delivery, storage, For loads cap For bads 2000 carrying costs, and all otber expenses) per gallon. Itemize in the to 2000 galbas to MW gallons space below. Total Category 2 0.2351 0.2074 -aterory 3 Total Banc Price per Gallon WM OF CATEGORIES I AND 2 2.1655 21319 Category 4 Firm Fized Carry CWVHedge Cast %. % Cateeory 5 Firm Prior per Callon CAI TEGORY 3 MULTIPLIED BY CATEGORY 4 ::atMory 6 All federal. state and local mandated & applicable fees, costs, taxes per galioa. Itemize in the space below. Total Category 6 Total Delivered Fires Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual retrewal options offered and if the above prices are to remain E m and 5zed for each Mae'rral option. Otieror's Inwals t Page 21 of 27 RFP 09-047-MA, Addmdim W 2 I- J PRICE PROPOSAL NO,2 DYED12ff§Yi. BOBTAIL LOAD 40 Centane 40 Centane Offerer oust indicate whether prodoet is Branded or Unbranded. If Branded, please indicate product type Unbranded Unbranded Catecory 1 Average met price per gallon published in the OP1S Daily Report for Lubbock, Text, am previous day OPTS Beackmark for Poet delivery beginning Jammary 1, 2010 I.9276 1.8276 For evaluation purposes only, use the overage met price published In the OPLS Daily Report for Lubbock, Texas, am June A 2009. Cetraory 2 Firm Flied Price Differential (margin, freight, delivery, storage, For Ionds up to For toads 28M carrying casts, and all other expenses) per gallon. Itemize in the 2" ems to SM PHOM space below. Total Category 2 0.24% 0,1936 Catepory 3 Total Base Prise per Gallon SUM OF CATEGORIES 1 AND 2 L0772 2.0212 Category 5 Firm Price per Gmllou CATEGORY 3 MULTIPLIED BY CATEGORY 4 Catet=ory 6 All federal, state mad local masdated do applicable fees, owts, taxes per Ilan. Itemize In the space below. Total Category 6 Total Delivered Firm Price per Gallas of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered mod N the above prices are to rennin firom said Based for each renewal optlom: Cftrwr I.W k Page 22 of 27 RFP 49447-MA, AddesAw No. 2 PRIM PROPOSAL h{W CLEAN DIESEL BOBTAIL WAD 46 rentene 40 f'entanr Offeror most Indicate whether product is Branded or Unbranded. If Branded, please indicate product type Unbranded Unbranded Catswory 1 Average net price per games published Is the OPIS Daily Report for Labbock, Texas, oa previess day OPTS Benchmark for foci delivery beginning January 1, 2010. IA"I 1.8461 For evalnadea purposes only, use the average ad price published In the OM Daily Report for Lrbbock, Texas, on June 25, 2009. Cateanry 2 Firm Fixed Price DFtfereatial (margin, freight, delivery, storage, For We& up to For Wadi 20" carrykq cats, and all other expenses) per gallon. Itembt Is the 2000 new to Soon tr"M■ space below. Total Category 2 0.2496 0.1936 vatnanry 3 Total Base Price per Games SUM OF CATEGORIES 1 AND 2 2.0457 ZAM 4 Cate AWY 5 Firat Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Ca 6 All federal, state mad local mandated & applicable fees, toss, taxes pE gallon. Itcaakm Is the spom below. Total Category 6 Total Delivered Firm Price per Galles of Unleaded Transport load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and iftie above prices an to resuala Ms and find for each renewal option: bSaw-3 minds [ V PW 23 of 27 RP9.047-MA, Addendum No.2 Unless otherwise specified herein, the City may award contracts either item -by -item or on an all -or -none basis for any item or group of items shown on the Proposal Form The City of Lubbock reserves the right to reject any or all proposals, raja-t any particular item on a quilt, and to waive immw=W formalities. PAYMENT TERMS AND DISCOUNTS - Offeror offers it prompt payment discount of NA Ye, net 10 calendar days. Discounts will not be considered in determining lowest price proposal. Unless otherwise indicated on the Proposal Fixm, payment tertas will be NET T111RTY DAYS. The City will pay the sutxt4ful Offerrrr within thirty (30) days after the receipt of a correct invoice or after the date of am Vinnce, whichever event occurs Wee, Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a vortw invoice or after the date of acccpw= that mess contract requircmeets, whichever event occurs rater. Discounts for payment in less than ten (10) days will not be considered MOST FAVORED PRICING: The Offeror certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored pWomcr, for like quality and quantity of the products/scrvices; does not include an dement of profit on the We in excess of that normally obtained by the Offeror on the sale of pruducWservices of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or ot%r for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net pricc(s) than provided herein, supplier agrees to notify the City and sell same product(s) m the lower price(s) on all deliveries made during the period in which suds lower prica(s) is effcexive. INTERLOCAL PURCHASING (qpttorwl): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the suCOM&d Offeror, and properly authorized interlotal purchasing agreements as provided for by the Intertocal Cooperation Ad (Chapter 791, Governmeot Code), the right to purchase the same goods or services, at the prices quoted, for the period of this connam Each Offeror shall indicate an the Proposal Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the Offeror) agree that all terms, conditions, General RequirarK,ats, and pricing would apply? Other governmental entities that might have interests in this omtract are Frenship Independent School District, Lubbock Housing Audmity, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, Texas Tech University, West Texas Municipal Power Agency, and Cities of Aberneihy, Brownfield, Idelou, Lefenno, and Wolfforth. YES _X NO If you (the 09'trw) chocked YES, the following will apply: a Governmental entities utilizing Ltderlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, and obligated, to purchase materials/services under the co ntracl(s) awarded as a resaft of this solicitation. All purchases by govenmmettal entlties other then the City of Lubhock will be billed directly to that govcrnmental entity and paid by that govemmemal entity. City of Lubbock will not be responsible for another governmental entity's purchases. Each governmental entity will order their fuel as Deeded. The undersigned hereby offers to furnish and deliver the goods or services as specified above at the priers and terms therein stated and in strict accordance with the Instructions to Oflbrars and the General Requirements, all of which are made a part of this offer. THIS PROPOSAL IS SUBMITTED BY ,_Rip Griffin Truck Service Canters_ a corporation arganized under the laws of the Stec of Texas or a partnership consisting of _ or individual trading as _ of the City of Address: P.O. Box 10128 City: _Lubbock Stale: _TX Zip_79408 MVWBE Firm: Wwn® Black American Native American Haptarc American Asian Pacific An,ericrn Other (Specify) Address of the nearest distribution center: Location address of thc alternative distribution or storage carter if stock is not available li om nearest distribution caner: Offeror's laitials� Page 24 of 27 RFP 09-047-MA, Addendum No. 2 CITY OF LUBBOCk TEXAS STATiE14ENT OF NO BID The City of Lubbock is very conscimm and mIrmnely appreciative of the tirm and effort you expend in preparing and submitting proposals to The city. If you do trot intend to bid an this requirement, Please complete and return this form prior to date aiow s fgr recdnt of eropatal to: Mane Alvarez, Purchasing & Contract Manager, City of Lubbock P.O. Box 20M, Lubbock` Texas 79457. wee, the undersigned, have declined to bid on your R1 R Q9-047-F(A for the following reason(s): __Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) ---Specifications unclear. (Please explain below) _Insufficient time to respond. _ We do not offer this prodta 1/s or equivalent- (If yew wish io remairr on bidders lur for other Comm odines a Wor services, please stale particular product and/or service ender which you wish to be classified) Out product schedule would not permit us to perform. Unable to meat specifications. Job too large. Job too small. Cannot provide required bonding, i a `Gamrot provide required otsuratim. y Bidding through dealer, jobber, etc. -Ito not Wish to do business with the City of Lubbock, (Please rAulain below) _Other (Please specO below) REMARKS: k •I Company City:_ Sale: _Zip I Contact Name; Title: 1 Business Telephone Number FAX: Internet Address: 1 Company+s Internet Web Page URL: f 1 Of fi!nm's Initials Page 25 of 27 i RFP (ay-0474& Ad&ndmu No. 2 City of l.abbock Consideration of Location of Oferor's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter 2, Chapter 271, Taw Local Government Code, In purchasing under this title any real property. personal property that is not affixed to real property, or savias, if a municipality receives one or rune: oompetitive scaled proposals from a bidder whose principal plane ofbusiocss is in the municipality and whose proposal is within five percent of the lowest proposal price rectived by Ibe municipality from a bidder who is not a resident of the municipality, the municipality may Carder into a camera with: (1) the lowest bidder, or (2) the birder whose principal place of business is in the municipality if the governing body of the muni6pality, detamhoes, in writing, that the local bidder offers the municipality the best combination of contract price and additional comomie development opportunities for the municipality creased by the contract award, including the e mploymurst of residents of the municipality and ink tar revenues to the municipality. "Ibis section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, Oliuors roust submit this affidavit to: Marta Ahura; Purchasing Manager City of Lubbock 1625 136Street, Suite 204 Lubbock TX 79401 Complete all areas below. Incomplete affddavits may be rejected Loral Business Name: Rip GrMs Track Service Center, Ira Local Address (must be within the City limits): 4710 4° Street, Lubbock, TX 7%16 Address ofthe company's principal place of business within the United States: Same as above 1. How many residents of the City of Lubbock are employed at the above business location? 100 2. Year your business was established in the City of Lubbock: 1%2 3. For transactions that require sales tax, provide the following Reseller information: Rescuer Parnit Number: 1-75-1221863-I i Company Name and Address (as it appears on permit): Rip Griffin Truck Service Center, Ise r 4, Does your business have more than one office in the State of Texas? X Yes No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: ' 4710 4° Sheet, Labboek Texas, 7%16 b I S. Was the local business required to pay business and/or real property tax for the most recent tax year? _X Yes No 0 If Yes, did tbc local business pay any of this tax to the City of Lubbock? —X_Yes No Under pemky of pci my, the undo iVed "m that the krWing waemeAa are; true and correct it is fta9ar ads owdedled this soy ! prim, firm, corporation or cabay uaentiooally a ka idtiu6 flue wkamabou Indic City in an f6empt Io qualJy faf e9tpbifity shall 60 prohibited from bidding on City of Lubbock products and services for a period of one (1) year Authorized Signature: �" - 1 pDaRe: Printed Name and Title: i. .^J Oflnor's Initials —c�J Page 26 of 27 1 RF'P o9-oa744A, Addmdw No. 2 City of Lubbock Purchasing Department In an effort to better serve our suppliers, the City of Lubbock Purchasing Department is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below_ If you have any questions or need more information, please cal[ (906)775- 2572. City of Lubbock RFP 09-047-MA HOT{ DID I'OU RECEII 'E ,V000E OF THIS REOVEST LOR PROPOS.aL' Labbmk Avdrkbc )arts!' Yes _X_ No The Daily Commercial Record? Yes _X4 No From Plan Room or other type of service? i Yes _X_ No Did you access the City of Lubbock website to search for proposals? --Yes _X_ No Facsimile or email from BidSync.twm? r �X_ Yes _ No I Did you download from your horse computer? i Yes _X_ No Did you download from your company computer? _ X_ Yes No Requested a copy from Lubbock Purchasing Department. Yes X No ' Arc you a member of BidSyne? X Yes No 1 Other-' 7WAIVA YOU 1 O$rra'e toitials PA Page 27 of 27 1 1 i PLEASE RESPOND TO: CITY OF LUBBOCKPurchasing "'1 CITYOFLUBBOCK, TEXAS1625 & Contract Management 13a' Street, Suite 204 Lubbock, TX 79401-3830 AN EQUAL REQUEST FOR CONTACT PERSON: OPPORTUNITY PROPOSAL Marta Alvarez EMPLOYER 09-047-MA TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us Bulk Unleaded Gasoline and Bulk Diesel Fuel SUBMITTAL DEADLINE: June 30.2009 @ 3:00 PM CST PRE PROPOSAL DATE, TIME AND LOCATION: May 25, 2009, at Any proposals received after the time and dale listed above, regardless 10:00 a.m. in Purchasing Conference Room 204, Lubbock, Texas. of the mode of delivery, shall be returned unopened RESPONDENT NAME: IF RETURNING AS A "NO RESPONSE", PLEASE STATE REASON. MAILING ADDRESS: CITY —STATE —ZIP: The City of Lubbock (hereinafter referred to as "the City") reserves the right to acceptor reject any and all proposals in whole or in part and waive any informality in the competitive proposal process. Further, the City reserves the right to enter into TELEPHONE NO: any contract deemed to be in the best interest of the City. It is the intent and purpose that the request permits competitive proposals. It is the FAX NO: responsibility of the respondent (hereinafter referred to as "Offeror") to advise the Purchasing Manager if any language, requirements, etc., or any combinations E-MAIL: thereof, inadvertently restricts or limits the requirements stated in the Request for Proposal (RFP) to a single source. Such notification must be submitted in writing and must he received by the Purchasing Manager no later than five (5) business days FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. before the above submittal deadline. THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON BIDSYNGCOM The City Charter stales that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee ofthe City, or member of their immediate family, benefit from the award of the contract to the above firm YES__ NO IN COMPLIANCE WITH THE SOLICITATION, THE UNDERSIGNED OFFEROR HAVING EXAMINED THE REQUEST FOR PROPOSAL, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN PROPOSAL REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the Offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City, At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Offeror Authorized Signature Title PrinVType Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE, RFP 094)47-MA (sulk Unleaded Gasoline and Hulk Diesel Fuel Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas RFP 09-047-'VIA The City appreciates your time and effort in preparing your proposal. All Offerors should familiarize themselves with the INSTRUCTIONS TO OFFERORS and GENERAL REQUIREMENTS: 1. INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY, TIME & DATE 1.1 The City will receive written and sealed competitive proposals for Bulk Unleaded Gasoline and Bulk Diesel Fuel until 3:00 p.m. CST, June 30, 2009, if date/time stamped on or before 3:00 p.m. at the office listed below. Any proposal received after the date and hour specified may be rejected and returned unopened to the Offeror. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 09-047-MA, Bulk Unleaded Gasoline and Bulk Diesel Fuel" and the closing date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Suite 204 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals and proposed contracts are delivered to the Purchasing Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. if Offeror does not hand deliver proposal, it is suggested that he/she use some sort of delivery service that provides a receipt. The City assumes no responsibility for errant delivery of proposals, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY DOES NOT ACCEPT FAX PROPOSALS. 1.4 Offerors may withdraw proposals before the above scheduled time set for closing. Alteration made before RFP closing must be initialed by Offeror guaranteeing authenticity. 1.5 The City reserves the right to postpone the date and time for accepting proposals through an addendum. PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing Offerors with the requirements. answering questions, and issuing addenda as needed for the clarification of the RFP documents, as pre -proposal meetine will be held at 10:00 a.m.. Mav 25. 2009. in Purchasine Conference Room 204. Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective Offeror they represent. 2.2 It is the Offeror"s responsibility to attend the pre -proposal meeting, though the meeting is not mandatory. The City is not responsible for providing information discussed at the pre -proposal meeting to Offerors who do not attend the pre -proposal meeting. Page' RI I' fig-U47-MA Bulk Unleaded (;asolme and Bulk Diesel Fuel 2.3 The City does not discriminate against person with disabilities. Pre -proposal meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. CLARIFICATION OF REQUIREMENTS II It is the City's intent that the RFP permit competitive proposals. It is the Offeror's responsibility to advise the Purchasing Manager if any language requirements etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in the RFP to a single source. Such notification must be submitted in writing and must be received by the Purchasing Office no later than five (5) business days prior to the proposal closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THE RFP MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`h Street, Suite 204 Lubbock, Texas 79401 Fax: (806)775-2164 Email: malvarezCa?mylubbock.us BidSync: http://www.BidSync.com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.Bidsync.com. It is strongly suggested that Offeror check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any Offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing Department. At the request of the Offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda will be available over the Internet at http://www.Bidsyne.corn and will become part of the RFP having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations are binding. To have a request for interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than five (5) days prior to the proposal closing date. 4.3 All addenda, amendments, and interpretations of the solicitation shall be in writing. Any amendment or interpretation that is not in writing shall not legally bind the City. Offerors should use only information supplied by the City in writing or in the RFP in preparing proposals. All contacts that an Offeror had before or after receipt of the RFP with any individuals, employees, or representatives of the City outside the RFP process and any information read, seen, or heard via any news media regarding the RFP should be disregarded in preparing responses. Pagc 3 RFP 09-047-MA Bulk Unicaded Gasoline and Bulk Diesel Fuel 4.4 The City assumes no responsibility for the receipt of any addendum sent to Offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each Offeror should carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that the proposal meets the intent of the RFP. 5.2 Before submitting a proposal, each Offeror is responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the Offeror from obligation to comply, in every detail, with all provisions and requirements ofthe RFP. PROPOSAL COPIES 6.1 OFFEROR'S MUST SUBMIT THE ORIGINAL AND FIVE COPIES OF THE SEALED PROPOSAL TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE COPIES MAY RESULT IN THE PROPOSAL BEING DECLARED UNRESPONSIVE. The original must be clearly marked "ORIGINAL" and the copies must be clearly marked "COPY". 6.2 All proposals, responses, inquiries, or correspondence relating to or in reference to the RFP, and all electronic media, reports, charts, and other documentation submitted by Offerors become the property of the City when received. PROPOSAL PREPARATION COSTS 7.1 Issuance of the RFP does not commit the City, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of the RFP does not obligate the City to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a proposal shall be paid by the Offeror. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If the Offeror considers any portion of the proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, the Offeror must clearly identify those portions. 8? Proposals will be opened in a manner that avoids disclosure of the contents to competing Offerors and keeps the proposals secret during negotiations. Proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in proposals are not open for inspection. 8.3 The City will honor Offeror's notations of trade secrets and confidential information and decline to release such information initially. but please note that the final determination of whether a particular portion of the proposal is in fact a trade secret or commercial or financial infon-nation that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of Offeror's proposal that Offeror has marked confidential information, Offeror will be notified of such request and will be required to justify Offeror's legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined Page 4 RPP 09-047-MA Bulk Unleaded Gasoline and Bulk Diescl Fuel by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.4 Marking entire proposal CONFIDENTIALIPROPR[ETARY is not in conformance with the Texas Open Records Act. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 9.1 The City hereby notifies all Offerors that in regard to any contract entered into pursuant to the RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, set, disability, or national origin in consideration of an award. 9,2 A DBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. l0 RIGHT TO AUDIT The City hereby notifies all Offerors that in regard to any contract entered into pursuant to the RFP, the successful Offeror ("Contractor") shall required to maintain books, records, documents, and other evidence directly pertaining to or connected with the services under the Contract, which shall be available and accessible at the Contractor's offices for the purpose of inspection, audit, and copying during normal business hours by the City, or any of its authorized representatives. Such records shall be retained for a minimum of three (3) years after completion of the contract. 11 CONFLICT OF INTEREST 11.1 The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the City. 1 1 2 By signing their proposal, the Offeror certifies and represents to the City the Offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment. advantage, information, recipient's decision, opinion, recommendation, vote, or any other exercise of discretion concerning the RFP. 12 ANTI -LOBBYING PROVISION 12.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 12.2 This provision is not meant to preclude Offerors from discussing other matters with City Council members or City staff. The policy is intended to create a level playing field for all potential OtTerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Violation of this provision may result in rejection of the Offeror's proposal. 13 AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL Page 5 RFP 04-047-MA Bulk Unleaikd Gasoline and Bulk Diesel Fuel Proposals must show company name and address of Offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions. Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign proposal will disqualify it. 14 ABOUT THIS DOCUMENT This document is a Request for Proposal. It differs from an Invitation to Bid in that the City is seeking a solution, as described in the following General Requirements section, not a bid meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract. The proposal evaluation criteria should be viewed as standards that measure how well an Ofteror's approach meets the desired requirements and needs of the City. Criteria that will be used and considered in evaluation for award are set forth in the document. The City will thoroughly review all proposals received. The City will use its best judgment when determining whether to schedule a pre -proposal conference (before proposals are accepted), or meetings with Offerors (after receipt of all proposals). The City reserves the right to select, and subsequently recommend for contract award, based on the proposal that best meets the City's required needs, quality levels, and budget constraints. 15 EVALUATION PROCESS 15.1 Proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant. 15.2 Offerors may be required to submit additional information that the City may deem necessary to further evaluate the Offeror's qualifications. 15.3 The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request For Proposal. 15.4 The committee will arrive at a short list of the top Offerors and these short-listed Offerors may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City. At the end of the oral presentation and interview, the evaluation of the short-listed Offerors will be completed. The oral interview may be recorded and/or videotaped. 16 SELECTION 16.1 Selection is based on the responsible Offeror whose proposal is determined to be the most advantageous to the City considering the relative importance of evaluation factors included in the RFP. 162 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THE REQUEST FOR PROPOSAL. 17 EQUAL EMPLOYMENT OPPORTUNITY Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. Page 6 RFP 09-047-MA Bulk Hnleaded Gasoline and Bulk Diesel Fuel 18 NONAPPROPRIATION All funds for payment by the City under the contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City {Council of the City for the goods or services provided under the contract. the City will tenninate the contract, without termination charge or other liability, on the last day of the then -current Fiscal year or when the appropriation made for the then -current year for the goods or services covered by the contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of the contract, cancellation shall be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under the contract beyond the date of termination. 19 PROTEST 19.1 All protests regarding the RFP process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of proposals, including protests relating to advertising of notices, deadlines, proposal opening, and all other related procedures under the Local Government Code, and protests relating to alleged improprieties with the RFP process. The abovementioned time limitation does not include protests relating to staff recommendations for award of contract. Protests relating to staff recommendations may be directed to the Director of Purchasing & Contract Management. Staff recommendations are made available for public review prior to consideration by the City Council as allowed by law. 19.2 Failure to protest within the time allotted shall constitute a waiver of any protest. The City is aware of the times and q fJi)rt you expend in preparing and submitting proposals to the City. Please let us knew cif any requirement causing you diffrcedty in responding to the Request for Proposal. We wart to_facilitate your participation so that all responsiblefirms can compete.for the Citj,'s business. Awards should he made approximately two to six weeks after the opening date. If you have any questions, please contact the Purchasing A -tanager at (806) 1175-2572. Page 7 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas RFP 09-047-MA 11. GENERAL REQUIREMENTS 1. INTENT a. The City of Lubbock ("the City') is soliciting competitive sealed proposals from interested companies to provide various pricing and delivery methods for the annual supply of approximately 804,000 gallons of bulk unleaded gasoline and 1,380,000 gallons of bulk diesel fuel for City fleet vehicles and Citibus transit buses. Quantities are estimated based on the best available information, and the total gallons are not guaranteed. b. The City desires to have one company ("Contractor") supply bulk gasoline and diesel fuel upon demand. Offeror must be able to supply Unleaded 86 Octane and No. 2 Dyed Diesel 40.0 Centane. c. The contract term shall be a 12-month period starting January I, 2010, and ending December 31, 2010. 2. ANNUAL FUEL REQUIREMENTS (annual estimated usage) a. Unleaded 86 Octane i. 720,000 gallons transport load ii. 84,000 gallons bobtail load iii. Unleaded fuel is ordered on an as needed basis. iv. Unleaded fuel shall have a minimum octane rating of 86 based on the Research Octane Number (RON) and the Motor Octane Number (MON), (R+M)/2 method. v. Unleaded fuel must comply with all federal and state regulations. b. No. 2 Dyed Diesel 40.0 Centane i. 1,200,00 gallons transport load ii. 180,000 gallons bobtail load iii. No. 2 Dyed Diesel fuel orders are currently ordered on an as needed basis. iv. No. 2 Dyed Diesel fuel shall be classed as No. 2 diesel fuel, and shall have a minimum centane number (CN) rating of 40... No. 2 Diesel fuel shall have a maximum of 15 ppm sulfur content as mandated by Federal and State regulations effective June 2006. c. All petroleum products delivered under the provisions of this contract by Contractor shall meet or exceed refinery approved pipeline specifications for product delivered to Lubbock, Page 8 RFP 09-047-MA Hulk Unleaded Gasoline and Bulk diesel Fuel Texas. The City reserves the right to test fuels at any time for specification compliance. Costs for tests shall be borne by the Contractor in the event product fails to comply. Such failure shall result in Contractor's prompt removal of failed product, using vendor's own equipment, at no cost to the City, within twenty-four (24) hours of notification. Acceptable fuel shall immediately replace noncompliant fuel based on the quantity of unsuitable fuel originally delivered to a given location at no charge for the entire shipment. Violations of specification requirements may give the City cause to cancel and rebid the entire contract and shall be a consideration of future awards. 3. DELIVERY LOCATIONS AND TANK SIZES Motor Fuel Storage Tank Locations: a. Airport Maintenance Facility, 5900 N. Walnut 6.000-Gallon Tank (2) — Unleaded 6,000-Gallon Tank (1) — Diesel b. Lake Alan Henry - Justiceburg 500-Gallon Tank* (2) — Unleaded 500-Gallon Tank* (1) — Diesel c. Land Application Site, 4602 E. 19'h Street - Lubbock 1,000-Gallon Tank* (1) — Unleaded 2,000-Gallon Tank* (1) — Diesel d. Land Applications Site, 547 County Road -Wilson 1,000-Gallon Tank* (1) — Unleaded 2,000-Gal Ion Tank* (1) — Diesel e. Landfill, 6500 N. Avenue P — North Lubbock 8,000-Gallon Tank (I ) - Diesel f. Landoll.. Hwy 597 & Hwy 2528 — South Abernathy 2,000-Gallon Tank (1) — Unleaded 5,000-Gallon Tank (1) — Diesel g. Lubbock Cemetery, 2011 E. 34'h Street 500-Gallon Tank (1) Diesel h. Municipal Hill, 600 Municipal Drive 15,000-Gallon Tank (2) — Unleaded 15.000-Gallon Tank (1) — Diesel i. South Site, 84`' Street & Avenue P 20.000-Gallon Tank (2) — Unleaded 20.000-Gallon Tank (I) — Diesel j. Street Department, 502 North 1-27 500-Gallon Tank (1) - Diesel k. Water Reclamation, E. 37'h Street & Guava Avenue Page 9 Est. Trips/Year Load Tyne l Transport 4 Transport 8 Bobtail 6 Bobtail 30 Bobtail 19 Bobtail 12 Bobtail 6 Bobtail I Bobtail 13 Bobtai 1 31 Bobtail 2 Bobtail 30 Transport 40 Transport 37 Transport 19 Transport 2 Bobtail RFP 09-047-MA Bulk Unleacled C'aasoline and Bulk Diesel Fuel 500-Gallon Tank (1) - Diesel 25 Bobtail 1. Water Treatment Plant, 6001 N. Guava Avenue 500-Gallon Tank (1) — Diesel 2 Bobtail m. Citibus, 801 Texas Avenue 8,000-Gallon (1) - Unleaded 2 Transport 20,000-Gallon Tank (3) - Diesel 3 Transport 8,000-Gallon (1) - Diesel 2 Transport * Tanks at Lake Alan Henry and Land Application Sites are contractor -owned. Contractor shall furnish and completely install three 500-gallon above ground fuel tanks with fuel dispenser at the Lake Alan Henry site located near Justiceburg, Texas; one 1,000-gallon above ground fuel tank and one 2,000-gallon above ground fuel tank with fuel dispenser at the Land Application site located on East 19th Street in Lubbock, Texas; and one 1,000-gallon above ground fuel tank and one 2,000-gallon above ground fuel tank with fuel dispenser at the Land Application site in Wilson, Texas. Contractor shall be responsible for any other items or services needed for installing fuel tanks and dispensing equipment, and shall maintain fuel tanks and dispensing equipment during the full term of the contract. A keyed fuel dispensing monitoring security system for each fuel tank shall be installed at Land Application fuel sites. Contractor shall install a fuel key authorizing system for all four fuel tanks located at both Land Application site. Emergency Generator Sites: Load Typ a. Radio Tower, 7400 University Avenue 60-Gallon Diesel Bobtail b. Radio Tower, 302 Municipal Drive 150-Gallon Diesel Bobtail c. Backup Generator, 915 Texas Avenue 1,000-Gallon Diesel Bobtail d. Pump Station, 4404 Brownfield Drive 50-Gallon Diesel Bobtail e. Pump Station, 6401 Southeast Drive 50-Gallon Diesel Bobtail f. Pump Station, 301 Hartford Avenue 50-Gallon Diesel Bobtail g. Pump Station, 8602 County Road 27 50-Gallon Diesel Bobtail h. Pump Station, 9717 Avenue P 50-Gallon Diesel Bobtail Page 10 RFP 09-0 47-MA Bulk Unleackd Gasoline and Bulk Diesel Fuel i. Pump Station, 4400 Clovis Road 50-Gallon Diesel Bobtail j. Backup Generator, 7000 Guava Avenue 500-Gallon Diesel Bobtail k. Backup Generator, 6001 Guava Avenue 1,000-Gallon Diesel Bobtail 1. Backup Generator, 3020 Guava Avenue 1,000-Gallon Diesel Bobtail m. Pump Station, 29th Drive & Brownfield Hwy 1,500-Gallon Diesel Bobtail n. Startup Generator, 3500 E. Slaton Hwy 500-Gallon Diesel Bobtail o. Startup Generator, 602 Rr. Mun. Drive 2,000-Gallon Diesel Bobtail p. Backup Generator, Airport Control Tower 1,000-Gallon Diesel Bobtail q. Backup Generator, Airport Shop Facility 6,000-Gallon Diesel Bobtail r. Airport Main Terminal, Gates 6 & 7 475-Gallon Diesel Bobtail s. Fleet Services, 206 Municipal Drive 100-Gallon Diesel Bobtail t. Civic Center. 1501 6th Street 500-Gallon Diesel Bobtail u. Coliseum, 2720 Drive of Champions 500-Gallon Diesel Bobtail v. Backup Generator, Citibus 1,000-Gallon Diesel Bobtail 4. BULK FUEL PRICING On the Proposal Form, please propose the following pricing and delivery methods: a. Base Proposal. i. A firm fixed differential (margin, freight, and all other expenses) to be added to the daily average net price published in the OPIS Daily Report for Lubbock, Texas, The Contractor shall fax to Fleet Services Parts Department at 806-775-2724 and to Purchasing Department at 806-775-2164 the OPI S report for each day. Page 1 I RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel ii. The average net price shall be detennined daily at 6:00 a.m. and applied to the firm fixed differential. The resulting firm -fixed price shall be effective for that calendar day. Weekend pricing will be as follows: Saturday and Sunday pricing will be based on the following Monday's posted OPIS price. Prices for holidays will be the same as the next business day. ii. No price increase for the firm fixed differential is authorized for the term of the Contract. b. Alternate Proposal No. I. i. A firm fixed differential (margin, freight, and all other expenses) to be added to the daily average net price published in the OPTS Daily Report for Lubbock, Texas, on the contract award date (December 16, 2009) plus a firm fixed carry cost/hedge cost. ii. The resulting firm -fixed price shall be effective for the tern of the contract. iii. No price increase for the firm fixed differential or the firm fixed carry cost/hedge cost is authorized for the tern of the Contract. iv. The estimated volumes stated in the RFP shall be subject to a 10% variance above those stated volumes. Any volume within that 10% shall be priced as pursuant to Alternate Proposal No. 1. Any volume beyond the 10% variance will revert to the Base Proposal formula pricing as stated on the Proposal Form. c. The City will consider additional Alternate Proposals for pricing and delivery methods (i.e. buy and hold, forward pricing, etc.) in addition to the methods listed above. Such proposals must include all fees associated with the cost of fuel (excluding tax) and a list of all other fees that apply. 5. FUEL ORDERS a. The City shall assign purchase order numbers at the time fuel orders are placed. b. Contractor shall accept fuel orders only from Fleet Services Parts Department and Citibus personnel. Fuel orders placed before 9:00 am Monday thru Friday shall be delivered the same day. Fuel orders placed after 9:00 am may be delivered the following day. c. The Contractor shall deliver emergency fuel orders on a priority basis. d. Fuel orders may range from 50 gallons to full -transport load. Fuel order quantities will be determined by actual department needs. All fuel orders will be ordered on an "as needed basis". Fuel orders of 6,000 gallons or more are considered a transport load. 6. DELIVERY a. Contractor's truck driver must notify City or Citibus personnel that they are at the fueling site and gauge all tanks that will receive fuel before and after delivery and record on company delivery sheet. Page 12 KFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel b. The Contractor's truck driver shall leave at each location after a delivery is made a copy of the calibrated loading rack meter ticket or Bill of Lading, which shall include the signature of a City or Citibus employee. The cargo manifest shall be carried with motor fuel until the motor fuel is resold or removed from the cargo truck. c. For a delivery of less than 500 gallons, the Contractor shall invoice the City an hourly rate of $100 per hour for each round-trip delivery. d. Extreme care must be taken to avoid spills. The fuel delivery truck must be attended at all times during fuel deliveries to any fuel storage location. Fuel deliveries must follow all federal and state safety regulations. Contractor shall be responsible for any cost that is incurred as a direct result of a fuel spill due to negligence or equipment malfunction of Contractor. Contractor shall submit a copy of their spill containment policy. e. Before entering City property, Contractor shall provide insurance coverage with limits of coverage not less than those stated on the schedule in Exhibit B. The insurance policy shall be endorsed to include the following additional insured language: "The City of Lubbock shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of, the Contractor. Contractor shall be a licensed carrier for hazardous materials, registered and in good standing with the Department of Transportation. f. City of Lubbock product receipt quantities shall be determined by the following methods: i. Calibrated delivery truck meter tickets for less than full transport load or bobtail load truck deliveries. ii. Railcar/tank/ or Terminal temperature corrected to 60 degrees Fahrenheit Bill of Lading for full transport load truck deliveries. Nate: eLiotor fuel transactions are governed bl, sections in Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter S. Temperature cot -reeled net gallons accounts for the change in product volume resulting fratn the difference between the temperature and gravity ofthe product at the meter and the temperature and gravity of the product at the point Of' delivet v_ The American Petroleum Institute prescribes the use of Table 6B of revised ASTA1- APPIP Petroleum Measurement Tables to determine the amount ofvolutne change. g. Special Delivery Needs The Contractor shall cooperate and assist the City with fuel supply during local emergencies. No restrictions on fuel purchases or deliveries shall apply to the City during emergencies., however, deliveries are subject to availability of supply. h. Contractor shall provide latest material safety data sheet (MSDS) for both unleaded and No. 2 Dyed Diesel. 7. INVOICING a. Invoices must include the following: i. Invoice number and date. ii. Items listed individually by the written description. Page 13 RFP OQ-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel iii. Unit price, extended, and totaled. iv. Billed quantities shall be adjusted (temperature corrected net) to 60 degrees F for full transport loads. v. Purchase order number, name of storage tank location, and fuel tank number. vi. Requesting department name and "ship -to" address. vii. Loading manifest ticket/Bill of Lading for full transport load deliveries, or printed meter ticket from delivery truck for bobtail loads or less than full transport load deliveries. viii. Payment terms are net 10 days from invoice date b. Contractor shall be paid on a continual basis as invoices become due. Invoices must contain the purchase order number under which the purchase is made. Contractor shall submit monthly invoice to: Fleet Services Parts Department Attn: 204 Municipal Drive Lubbock, Texas 79404 Phone 806-775-2190 e-mail: c. Advance payments are not authorized. 8. EVALUATION CRITERIA Proposals will be evaluated and the contract awarded on the basis of the following criteria: a. Offeror's experience in bulk fuel delivery. Offeror must demonstrate its success by supplying a list of individual clients as references. These references should be government related. i.e.: states, cities, counties, school systems or support agencies. b. Offeror's overall approach to meet or exceed requirements in the RFP. c. Cost of fuel. d. Delivery time. e. City's evaluation of Offeror's ability to deliver fuel. 9. PROPOSAL FORMAT a. Proposals should provide a straightforward, concise description of the Offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. b. The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. Page 14 RFP 09-047-M A Bulk Unleaded Gasoline and Bulk Diesel Fuel c. Submit sample agreement and Proposal Form. d. The proposal must be organized into the following response item sections and submitted in an indexed binder. i. Cover letter addressed to the Honorable Mayor and City Council that states the Otferor's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. ii. A description of the methodology to be used to provide product and commitment of adequate appropriate resources to the project. iii. Offeror's specific expertise in supplying bulk fuel. iv. Assurance that the Offeror will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis -Bacon Federal minimum wage requirements. v. Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This applies to the Offeror as well as consultants subcontracted by the Offeror. vi. Any material which the proponent wishes to submit and which is not specifically requested in the above categories. 10. CONTRACT CHANGES a. The contract shall be modified only by a written contract amendment signed by the Director of Purchasing & Contract Management and persons duly authorized to enter into contracts on behalf of the Contractor. b. No right or interest in the contract nor monies due thereunder shall be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Director of Purchasing & Contract Management, which may be withheld for good cause. Any assignment or delegation made in violation of this section shall be void. c. Any contract resulting from the RFP shall be awarded with the understanding that it is for the sole convenience of the City of Lubbock. The City reserves the right to purchase from other sources fuel that is required on an emergency basis and cannot be supplied immediately from stock by the Contractor. Page 15 RFP 09-047-MA Bulk I Inleaded Gasoline and Bulk Diesel Fuel Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas RFP 09-047-MA Proposal Form This Form Must Be Returned With Proposal TO: City of Lubbock Purchasing Department 1625 13"' Street, Suite 204 Lubbock, TX 79401 RE: Bulk Unleaded 86 Octane and Diesel 40.0 Centane In accordance with the advertisement of the City, inviting proposals for varied quantities of gasoline and diesel, having examined the attached specifications and understanding the same, the undersigned proposes to furnish and comply with all of said specifications for the sum of: DAILY PRICE BASE PROPOSAL Transport Load: Unleaded A+- B $ =C Diesel A + B $ — C Bobtail Load: Unleaded A + B $ = C Diesel A + B $ = C A. OPIS' Daily Lubbock Price Effective Date of Delivery B. Firm Fixed Differential Price per Gallon (margin, freight, and all other expenses) C. Total Delivered Price per Gallon (excluding tax) on Date of Delivery ANNUAL PRICE ALTERNATE PROPOSAL NO. 1 Transport Load: Unleaded (A + B $ J C) x D % = E Diesel (A + B $ — C) x D % = E Bobtail Load: Unleaded (A i B $ = C) x D % = E Diesel (A + B $ = C) x D % — E A. OPIS' Lubbock Price Posted December 16, 2009 (contract award date) B. Firm Fixed Differential Price per Gallon (margin, height, and all other expenses) Page 16 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel C. Total Base Cost per Gallon D. Finn Fixed Carry Cost/Hedge Cost E. Total Delivered Price per Gallon (excluding tax) for the Contract Term Name of Bidder Address Signature of Bidder (Must be an Officer) Print Name: Phone No.: (_) E-Mail Address: Address of the nearest distribution center: Location address of the alternative distribution or storage center if stock is not available from nearest distribution center: Page 17 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to the R) P. THIS FORM MUST BE RETURNED WITI I YOUR PROPOSAL REFERENCE ONE Govemment/Company Addms: Contact Person and Title: Contract Period: Scope of Work: Government/Company Nam,_ Contact Person and Title: Contract Government/Company Name; Contact Person and REFERENCE TWO Scope of W REFERENCE THREE Phone: Pax Contract Scope of W Paee 18 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel EXHIBIT A Federally Required Procurement Clauses **** PLEASE READ CAREFULLY **** The following provisions are included in the terms and conditions: 1. ENERGY CONSERVATION - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 2. CLEAN WATER - The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seg . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 3. LOBBYING - The Bidder or Offeror certifies, to the best of its knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor must sign the Lobbying certification in Appendix 2. 4. ACCESS TO RECORDS AND REPORTS - Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of Page 19 KIT 09-047-MA Bulk Unteaded Gasoline and Bulk Diesel Fuel the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)I, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 531 1. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49. U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a) I) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(1 1). FTA does not require the inclusion of these requirements in subcontracts. 5. FEDERAL CHANGES - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 6. CLEAN AIR - The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act. as amended, 42 U.S.C. §§ 7401 et SeMc . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 7. RECYCLED PRODUCTS - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B. of 40 CFR Part 247. 8. NO GOVERNMENT OBLIGATION TO THIRD PARTIES - The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal.assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Pago 21) RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 9. PROGRAM FRAUD AND FALSE OR FRADULENT STATEMENT AND RELATED ACTS - The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et M. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 10. TERMINATION Termination for Convenience (General Provision) The City of Lubbock/Citibus may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the lime of termination. The Contractor shall promptly submit its termination claim to City of Lubbock/Citibus to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Lubbock/Citibus, the Contractor will account for the same, and dispose of it in the manner the City of Lubbock/Citibus directs. Termination for Default Breach or Cause (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Lubbock/Citibus may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Lubbock/Citibus that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Lubbock/Citibus, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Opportunity to Cure (General Provision) City of Lubbock/Citibus in its sole discretion may, in the case of a termination for breach or default, allow the Contractor fifteen (15) days in which to cure the defect. In such case, the notice of tennination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to City of L ubbock/C itib us's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from City of Lubbock/Citibus setting forth the nature of said breach or default, City of Lubbock/Citibus shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City of Lubbock/Citibus from also pursuing all available remedies against Contractor and its sureties for said breach or default. Page 21 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Waiver of Remedies for any Breach In the event that City of Lubbock/Citibus elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City of Lubbock/Citibus shall not limit City of Lubbock/Citibus's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 11. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION - This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined in 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945, The contractor is required to comply with 49 CFR Part 29. Subpart C and must include the requirement to comply with 49 CFR Part 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the Bidder or Offeror certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Lubbock/Citibus. If it is later determined that the Bidder or Offeror knowingly rendered an erroneous certification, in addition to remedies available to the City of Lubbock/Citibus, the Federal Government may pursue available remedies, including but not limited to suspension and/or debannent. The Bidder or Offeror agrees to comply with the requirements of 49 CFR Part 29m Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Offeror Further agrees to include a provision requiring such compliance in its lover tier covered transactions. 12. PRIVACY ACT - (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 13. CIVIL RIGHTS - The Following requirements apply to the underlying contract: Nondiscrimination - in accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color. creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue_ Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sew., (which implement Executive Order No. 11246. "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. Ag_e - In accordance with Section 4 of the Age Page 22 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112. the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 14. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Citibus' General Manager. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Purchasing & Contract Management. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the General Manager shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City of Lubbock/Citibus. Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise. all claims, counterclaims, disputes and other matters in question between the City of Lubbock/Citibus and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree. or in a court of competent jurisdiction within the State in which the City of Lubbock is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations. rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Lubbock/Citibus or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 15. TRANSIT EMPLOYEE PROTECTIVE PROVISIONS - (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terrns and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215. and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (I ), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly Page 23 RFP O-U47-Mn Bulk Unleaded Gasoline and Bulk Diesel Fuel individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 531 1. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(_a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F_R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor. dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 16. DISADVANTAGED BUSINESS ENTERPRISES (DBE) - This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation bj, Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is one percent (I %). A separate contract goal has not been established for this procurement. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Lubbock/Citibus deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful Bidder/Offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Lubbock/Citibus. In addition, is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. The contractor must promptly notify the City of Lubbock/Citibus, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Lubbock/Citibus. 17. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220. l E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perfonn any act, fail to perform any act, or refuse to comply with any City of Lubbock/Citibus requests which would cause City of Lubbock/Citibus to be in violation of the FTA terms and conditions. Paee 24 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 18, DRUG AND ALCOHOL TESTING - Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may not directly employ any safety -sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option only for those recipients which have a testing program for their employees, and can add the contractor's safety -sensitive employees to that program. Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 653 and 654, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety -sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules. Under option 3, the recipient specifies some or all of the specific features of a contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why. Drug and Alcohol Testing Option 1 - The contractor agrees to: (a) participate in (grantee's or recipient's) drug and alcohol program established in compliance with 49 CFR 653 and 654. Drug and Alcohol Testing Option 2 - The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Texas, or the City of Lubbock/Citibus, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before March 1 and to submit the Management Information System (MIS) reports before March to Marta Alvarez, Purchasing Manager, 1625 131h Street, Lubbock, Texas 79401. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Drug and Alcohol Testing Option - The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Texas, or the City of Lubbock, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before March I and to submit the Management Information System (MIS) reports before March 1 to Marta Alvarez, Purchasing Manager, 1625 t3'h Street, Lubbock, Texas 79401. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances For Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to submit upon request a copy of the Policy Statement developed to implement its drug and alcohol testing program. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. Page 2S RFP 09-047-Mn Bulk Ihnleaded Gasoline and Bulk Diesel Fuel Signature of Contractor's Authorized Official Name and Title of Contractors Authorized Official Date Page 26 RFP 09-047-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $251000 and all non - procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Signature of Company Official: Date Signed: Printed name of company official signing above: Page 27 RFP 09-047-MA Bulk Unleaded Gasoline and nuI Diesel Fuel Purchasing Department & Contract Management In an effort to better serve suppliers, the City of Lubbock Purchasing Department is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2572. City of Lubbock RFP 09-047-MA HOW DID YOU RECEIVE NOTICE OF THIS REQUEST FOR BID OR PROPOSAL Lubbock Avalanche Journal Yes No The Daily Commercial Record Yes No From Plan Room or other type of service Yes No Did you access the City of Lubbock website to search for bids Yes No Facsimile or email from RFP Depot.com Yes No Did you download from your home computer Yes No Did you download from your company computer Yes No Requested a copy from Lubbock Purchasing Department. Yes No Are you a member of Bidsync Yes No Ulhe r: THANK YOU. Page 28 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http:ttpurchasing.ci.l ubhock.a. us Addendum #1 ADDENDUM #1 REQUEST FOR PROPOSAL Bulk Unleaded Gasoline and Bulk Diesel Fuel 09-047-MA DATE ISSUED: May 14, 2009 CLOSE DATE: June 30, 2009 The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. The pre -conference date has moved from May 25, 2009, at 10; 00 a.m. in Purchasing Conference Room 204, Lubbock, Texas. To: May 27, 2009, same time and location, THANK YOU, c1�aRta GgIPva iEz CITY OF LUBBOCK Marta Alvarez Purchasing Manager it is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's resDonsibility to advise the Citv of Lubbock Purchasing Manager if anv lanRuaee. reouirements. etc., or anv combinations thereof, inadvertenttv restricts or limits the requirements stated in this ITB to a single source. Such notifirarion must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. City, of Lubbock PURCHASING DEPARTMENT SUITC 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK. TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http°lipurchasitig.ci.luhhock.tx.us DATE ISSUED: CLOSE DATE: RFP 09-(.147-MA. Addendum No. 2 ADDENDUM #2 REQUEST FOR PROPOSAL Bulk Unleaded Gasoline and Bulk Diesel Fuel 09-047-MA June 12, 2009 June 30, 2009 at 3:00 p.m. Please carefully read the attached General Requirements and Proposal Form, which take precedence over and replace those in the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. THANK YOU, Marta Alvarez Purchasing Manager It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It is the Offeror's_responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in the RFP to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. Offeror's initial, Page I of 27 Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas RFP 09-047-MA 11. GENERAL REQUIREMENTS 1. INTENT RFP 09-047-MA. Addendum No. 2 a. The City of Lubbock ("the City") is soliciting competitive sealed proposals from interested companies to provide various pricing and delivery methods for the annual supply of approximately 804,000 gallons of bulk unleaded gasoline and 1,380,000 gallons of bulk diesel fuel for City fleet vehicles and Citibus transit buses. Quantities are estimated based on the best available information, and the total gallons are not guaranteed. b. The City desires to have the fuel supplier ("Contractor") supply bulk gasoline and diesel fuel upon demand. Offeror must be able to supply either branded or unbranded Unleaded Gasoline, No. 2 Dyed Diesel, and No. 2 Clear Ultra Low Sulfur Diesel. Fuel must comply with all federal and state regulations. c. The purpose of the RFP is to enter into a contract for the purchase of bulk unleaded and diesel fuel for delivery beginning January 1, 2010, with the best pricing and delivery strategy to improve budget accuracy each fiscal year and to help control the City's annual fuel budget. The City's fiscal year ends September 30 and the budget is presented to the City Council in early July. The City's current fuel contract is through December 31, 2009. d. The RFP is an invitation to submit an offer, which may be subject to subsequent discussions and negotiations by the City and the Offeror. It is not a request for a competitive bid. e. The City reserves the right to award to more than one Contractor. The City's decision will be based upon the ability of the primary source to supply acceptable goods or services within the City's time requirements. 2. ANNUAL FUEL REQUIREMENTS (annual estimated usage) a. Unleaded 86/87 Octane i. 720,000 gallons transport load ii. 84,000 gallons bobtail load iii. Unleaded fuel is ordered on an as needed basis. iv. Unleaded fuel shall have a minimum octane rating as specified herein based on the Research Octane Number (RON) and the Motor Octane Number (MON), (R+M)/2 method. b.I No. 2 Dyed Diesel 40.0 Centane i. 720,000 gallons transport load Offeror's Initials Page 2 of 27 RrP 09-047-MA, Addendum No. 2 ii. 135,000 gallons bobtail load iii. No. 2 Dyed Diesel fitel orders are currently ordered on an as needed basis. iv. No. 2 Dyed Diesel fuel shall be classed as No. 2 diesel fuel, and shall have a minimum centane number (CN) rating of 40. No. 2 Diesel fuel shall have a maximum of 15 ppm sulfur content as mandated by federal and state regulations. b.2 No. 2 Clear Ultra Low Sulfur Diesel 40.0 Centane i. 480,000 gallons transport load ii, 45,000 gallons bobtail load iii. No. 2 Dyed Ultra Low Sulfur Diesel fuel orders are currently ordered on an as needed basis. v. No. 2 Dyed Ultra Low Sulfur Diesel fuel shall be classed as No. 2 diesel Ultra Low Sulfur fuel, and shall have a minimum centane number (CN) rating of 40. The ULSD supplied will be the American Society for Testing and Materials (ASTM) as designated D-975 grade 2-D only. ULSD shall be hydrocarbon oil, free from grit, acid, fibrous or other foreign matter. c. All petroleum products delivered under the provisions of this contract by Contractor shall meet or exceed refinery approved pipeline specifications for product delivered to Lubbock, Texas. The City reserves the right to test fuels at any time for specification compliance. Costs for tests shall be borne by the Contractor in the event product fails to comply. Such failure shall result in Contractor's prompt removal of failed product, using vendor's own equipment, at no cost to the City, within twenty-four (24) hours of notification. Acceptable fuel shall immediately replace noncompliant fuel based on the quantity of unsuitable fuel originally delivered to a given location at no charge for the entire shipment. Violations of specification requirements may give the City cause to cancel and rebid the entire contract and shall be a consideration of future awards. 3. DELIVERY LOCATIONS AND TANK SIZES Motor Fuel Storage Tank Locations: Est. Trips/Year Load Type a. Airport Maintenance Facility, 5900 N. Walnut (Monitored by Veeder-Root TLS-350) 6,000-Gallon Tank (2) - Unleaded I Transport 6,000-Gallon Tank (1) - Diesel 4 Transport b. Lake Alan Henry - Justiceburg 500-Gallon Tank* (2) - Unleaded 8 Bobtail 500-Gallon Tank` (1) - Diesel 6 Bobtail c. Land Application Site, 4602 E. 19th Street - Lubbock 1,000-Gallon 'tank* (1) - Unleaded 30 Bobtail 1,500-Gallon Tank* (1) - Diesel 19 Bobtail d. Land Applications Site, 547 County Road - Wilson Offeror'~ Initials Page 3 of 27 RFP 09-047-MA, Addendum No. 2 1,000-Gallon Tank* (1) — Unleaded 12 Bobtail 2,000-Gallon Tank* (1) — Diesel 6 Bobtail e. Landfill, Hwy 597 & Hwy 2528 — South Abernathy 1,000-Gallon Tank (1) — Unleaded 13 Bobtail 5,000-Gallon Tank (1) — Diesel 31 Bobtail f. Lubbock Cemetery, 2011 E. 34" Street 500-Gallon Tank (1) — Diesel 2 Bobtail g. Municipal Hill, 600 Municipal Drive (Monitored by Veeder-Root TLS-350) 15,000-Gallon Tank (2) — Unleaded 15,000-Gallon Tank (1) — Diesel 30 Transport 40 Transport h. South Site, 84" Street & Avenue P (Monitored by Veeder-Root TLS-350) 20,000-Gallon Tank (2) — Unleaded 37 Transport 20,000-Gallon Tank (1) — Diesel 19 Transport i. Street Department, 502 North 1-27 500-Gallon Tank (1) - Diesel 2 Bobtail j. Water Reclamation, E. 37`h Street & Guava Avenue 500-Gallon Tank (1) - Diesel 25 Bobtail k. Water Treatment Plant, 6001 N. Guava Avenue 500-Gallon Tank (1) — Diesel 2 Bobtail 1. Citibus, 801 Texas Avenue 8,000-Gallon (1) - Unleaded 2 Transport 20,000-Gallon Tank (3) - Diesel 3 Transport 8,000-Gallon (1) - Diesel 2 Transport * Tanks at Lake Alan Henry and Land Application Sites are contractor -owned. Contractor shall furnish and completely install three 500-gallon above ground fuel tanks with fuel dispenser at the Lake Alan Henry site located near Justiceburg, Texas; one 1,000-gallon above ground fuel tank and one 2,000-gallon above ground fuel tank with fuel dispenser at the Land Application site located on East 19th Street in Lubbock, Texas; and one 1,000-gallon above ground fuel tank and one 2,000-gallon above ground fuel tank with fuel dispenser at the Land Application site in Wilson, Texas. Contractor shall be responsible for any other items or services needed for installing fuel tanks and dispensing equipment, and shall maintain fuel tanks and dispensing equipment during the full terra of the contract. Contractor is responsible for installing and maintaining berm, dyke, or other EPA approved device for containing fuel spills. Emergency Generator Sites; Load Type (Contractor shall invoice the City an hourly rate of $100 far each round- Trip deliverv.) a. Radio Tower, 7400 University Avenue 100-Gallon Diesel Oftror's Initials Page 4 of 27 Bobtail RFP 09-047-NIA, Addendum No. 2 b. Radio Tower, 302 Municipal Drive 100-Gallon Diesel Bobtail c. Backup Generator, 915 Texas Avenue 1,000-Gallon Diesel Bobtail d. Pump Station, 4404 Brownfield Drive 100-Gallon Diesel Bobtail e, Pump Station, 6401 Southeast Drive 50-Gallon Diesel Bobtail f. Pump Station, 301 Hartford Avenue 50-Gallon Diesel Bobtail g. Pump Station, 8602 County Road 27 50-Gallon Diesel Bobtail h. Pump Station, 9717 Avenue P 80-Gallon Diesel Bobtail i. Pump Station, 4400 Clovis Road 50-Gallon Diesel Bobtail j. Backup Generator, 7000 Guava Avenue 500-Gallon Diesel Bobtail k. Pump Station, 29th Drive & Brownfield Hwy 1,500-Gallon Diesel Bobtail I. Startup Generator, 3500 E. Staten Hwy 500-Gallon Diesel Bobtail in. Startup Generator, 602 Municipal Drive (Rear) 2,000-Galion Diesel Bobtail n. Backup Generator, Airport Control Tower 1,000-Gallon Diesel Bobtail o. Backup Generator, Airport Shop Facility 6,000-Gallon Diesel Bobtail p. Civic Center, 1501 6th Street 500-Gallon Diesel Bobtail q. Coliseum, 2720 Drive of Champions 500-Gallon Diesel Bobtail r. Backup Generator, Citibus 1,000-Gallon Diesel Bobtail OfP:cror's Initials Page 5 of 27 RFP 09-047-MA, Addendum No. 2 The City reserves the right to close any delivery site(s) or add new delivery site(s), or discontinue any fuel product at anytime without penalty. For information on the abovementioned delivery locations, including site tour, please contact Mr. Tom Vasko at 806-775-2175 or e-mail tvaskoCmail.ci.luhbock.tx.us. 4. BULK FUEL PRICING On the Proposal Form, please propose the following pricing and delivery methods: a. Firm Fixed Price Proposal. i. A firm fixed differential (margin, freight, and all other expenses) to be added to the average net price published on a date specific in the OPIS Daily Report for Lubbock, Texas, plus a firm fixed carry cost/hedge cost. ii. The price established by 4(a.)(i.) above shall be firm and fixed and effective for the initial term of the contract with fuel deliveries to begin January 1, 2010. iii. No price increase for the firm fixed differential or the firm fixed carry cost/hedge cost is authorized for the term of the Contract. iv. The estimated volumes stated in the RFP shall be subject to a 10% variance above those stated volumes. Any volume beyond the 10% variance will be priced using the firm fixed differential (margin, freight, and all other expenses) added to the daily average net price published in the OPTS Daily Report for Lubbock, Texas. In addition to the pricing and delivery method listed above, the City will consider alternate proposals on the Offeror's own form using wet or physical hedge tools employing buy and hold, storage agreements, exchanges for product, price point agreements, or fixed price physical delivery. Proposals must include all fees associated with the cost of fuel (excluding tax) and a list of all other fees that apply, 5. FUEL ORDERS a. The City shall assign purchase order numbers at the time fuel orders are placed. b. Contractor shall accept fuel orders only from Fleet Services Department and Citibus personnel. Fuel orders placed before 9:00 am Monday thru Friday shall be delivered the same day. Fuel orders placed after 9:00 am shall be delivered the following day. c. The Contractor shall deliver emergency fuel orders on a priority basis. d. Fuel orders may range from 50 gallons to full -transport load. Fuel order quantities will be determined by actual department needs. All fuel orders will be ordered on an "as needed basis". Fuel orders of 6,000 gallons or more are considered a transport load. On the Proposal Form, please include alternate price proposals based on fuel orders of 5,000 gallons or more considered a transport load. Offeror's Initials Page 6 of 27 RFP 09-047-MA, Addendum No. Fuel product delivery will be based on a schedule that best meets the City's fuel usage pattern and operational requirements as well as optimize any bulk fuel price discounts. The Contractor will coordinate with the City to develop an optimal fuel delivery schedule. f. The City either faxes or a -mails to the Contractor fuel orders using a designated fax number or e-mail address. The Contractor shall provide either a fax number or email address to the City of Lubbock's Fleet Services Department for this purpose. At a minimum, the fax provided by the City shall include the following information: Fuel Site Location; Tank Number; Product; Maximum Quantity; and Date & Time of Delivery. g. Quantities shown on fuel orders placed by the City are maximum quantities. Deliveries are not to exceed ordered quantities and create unauthorized split loads. 6, DELIVERY a. Prior to the delivery, the Contractor's delivery person locates City representative authorized to receive the delivery and verifies the quantity of delivered fuel and the tank location receiving the delivery. Fuel is delivered to designated tank locations and fuel quantities are verified by the City's authorized representative. Delivery sites are closed to City vehicles and equipment re -fueling traffic. b. The Contractor's truck driver shall leave at each location after a delivery is made a copy of the calibrated loading rack meter ticket or Bill of Lading, which shall include the signature of a City or Citibus employee. The cargo manifest shall be carried with motor fuel until the motor filel is resold or removed from the cargo truck. c. For a delivery of less than 500 gallons, the Contractor shall invoice the City an hourly rate of $100 for each round-trip delivery. d. Extreme care must be taken to avoid spills. The fuel delivery trick must be attended at all times during fuel deliveries to any fuel storage location. Fuel deliveries must follow all federal and state safety regulations. Contractor shall be responsible for any cost that is incurred as a direct result of a fuel spill due to negligence or equipment malfunction of Contractor. Contractor shall submit a copy of their spill containment policy. e. Before entering City property, Contractor shall provide insurance coverage with limits of coverage not less than those stated on the schedule in Exhibit B. The insurance policy shall be endorsed to include the following additional insured language: "The City of Lubbock shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of, the Contractor. Contractor shall be a licensed carrier for hazardous materials, registered and in good standing with the Department of Transportation. f. Product receipt quantities for net gallons (gross gallons corrected or adjusted to a temperature of 60 degrees Fahrenheit) shall be determined by the following methods: i. Calibrated loading rack meter tickets for less than frill transport load or bobtail load truck deliveries. ii, Railcar/Tank Bill of Lading for full transport load truck deliveries. Offcror's Initials Page 7 of 27 RrP 04-047-MA, Addendum No. 2 Note: Motor•_Juel transactions are governed bh sections in Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter S. Temperature corrected net gallons accounts ,fnr the change in product volume resulting,fi•om the difference beNr een the temperattn•e and gravith, of the product at the meter and the temperature and gravity of the product at the point of delivery. The American Petroleum Institute prescribes the use of'Table 6B of rc vised ASTM-API-IP Petroleum Measurement Tables to determine the amount of volume change. The City acknowledges that gross gallons corrected or adjusted to a temperature of 600 by the preceding methods are accepted practices that exist solely between the Contractor and their fuel supplier to reconcile and compensate the fuel supplier for product delivered at the terminal site. g. Special Delivery Needs The Contractor shall work with the City to develop alternative interim fuel delivery solutions in the advent of a natural disaster or other emergencies that may disrupt normal fueling operations. The Contractor shall provide the City with a 24-hour emergency contact number. No restrictions on fiiel purchases or deliveries shall apply to the City during emergencies; however, deliveries are subject to availability of supply. h. Contractor shall provide latest material safety data sheet (MSDS) for both unleaded and No. 2 Dyed Diesel. i. In addition to the delivery of fuel, the Contractor must be able to work with the City to provide solutions to the following challenges: i. Develop a pricing strategy that provides the City with the best price possible given fuel consumption and operational requirements. ii. Develop a fuel delivery schedule that meets fuel consumption requirements and optimizes all bulk pricing discounts. iii. Develop a reconciliation process to resolve significant discrepancies that may occur between the Contractor's recorded fuel volume and the City's recorded fuel volume. iv. Develop hazardous waste spill and emergency procedures. v. Work with City personnel to facilitate the processing and reconciliation of all supporting documents (i.e., bill of lading, invoice, fuel purchase price, fuel price, data i.e. OPIS for price comparison). 7. INVOICING a. Invoices must include the following: i. Invoice number and date. ii. Items listed individually by the written description. iii. Unit price, extended, and totaled. OI'fcror's Initials Page 8 of 27 RFP 09-047-MA, Addendum No. 2 iv. Billed quantities shall be adjusted (temperature corrected net) to 60 degrees F for frill transport loads. v. Purchase order number, name of storage tank location, and fuel tank number. vi. Requesting department name and "ship -to" address. vii. Loading manifest ticket/Bill of Lading for fiill transport load deliveries, or printed meter ticket from delivery truck for bobtail loads or less than frill transport load deliveries. viii. Payment terms are net 10 days from invoice date b. Contractor shall be paid on a continual basis as invoices become due. Invoices must contain the purchase order number under which the purchase is made. Contractor shall submit monthly invoice to: Fleet Services Department Attn: Fleet Services Bookkeeper 204 Municipal Drive Lubbock, Texas 79404 Phone 806-775-2190 e-mail: c. Advance payments are not authorized. d. The City requires the Contractor to reconcile, and resolve significant discrepancies or variances greater than 1.1 % that may occur between the Contractor's invoiced fuel volume and the City's recorded fuel volume. Fuel storage tanks at the Airport Maintenance Facility, Municipal Hill, and South Site are currently monitored by Veeder-Root TLS-350 tank management systems. The City currently uses Veeder-Root TLS delivery reports to reconcile delivered quantities shown on the Contractor's invoice for these delivery locations. 8. EVALUATION CRITERIA Each proposal will be evaluated and the contract awarded on the basis of the following criteria: a. Price (40%). Offeror's best pricing and delivery method and strategy to enable the City to improve budget accuracy each fiscal year and to help control the City's annual fuel budget. b. Supply (20%). Offeror's experience in the delivery of bulk fuel. Offeror must demonstrate its success by supplying a list of individual clients as references. These references should be government related, i.e.: states, cities, counties, school systems or support agencies. c. Contract Terms (20%). Offeror's sample contract(s). d. Delivery (15%). Offeror's ability to supply and deliver fuel on regularly scheduled delivery days and times and Offeror's experience using wet or physical hedge tools employing buy and hold, storage agreements, exchanges for product, price point agreements, or fixed price physical delivery. Offoror's Initials Page 9 of 27 RFP 09-047-MA, Addendum No. e. Fuel Measurement and Reconciliation (5%). Offeror's reconciliation process to resolve significant discrepancies that may occur between the Contractor's recorded fuel volume and the City's recorded fuel volume. The City will select the proposal that in the City's sole judgment the City determines to be the best Proposal. City is required to have a written executed contract signed by both parties prior to anyone performing services or providing any goods, supplies, materials or equipment to the City. The written executed contract must also comply with the City Charter and City Ordinances. This means that a proposer does not have a contract with the City until a written contract is "`executed." A contract is "executed" when all of the following have occurred: (1) the City Council authorizes the execution of a contract with the Offeror (if City Council approval is requested by City staff or is required by City Ordinance); (2) persons with actual authority to bind both the City and the Offeror execute the contract; (3) the contract is approved by the Legal Department; (4) the Chief Financial Officer certifies availability of funds for the contract; and (5) any other required step. An Offeror does not have a contract with the City until all the steps are completed. If the City does not complete all required steps, there is no contract between the City and the Offeror and the City has absolutely no contractual or financial obligation to any Offeror regardless of the amount of time, effort and money spent by the Offeror responding to the RFP and attempting to negotiate and obtain a contract with the City. 9. PROPOSAL FORMAT a. Proposals should provide a straightforward, concise description of the Offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. b. The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. c. In order to assure uniformity of the Proposals, and to facilitate the evaluation process, all proposals shall include the following and be organized with their parts labeled with tabs as shown below: 1. Proposal Part I - Introduction • Cover letter addressed to the Honorable Mayor and City Council that states the Offeror's understanding of the services to be provided_ • The following information and any additional information believed necessary that is not requested elsewhere in the RFP. o A description of the methodology to be used to provide product and commitment of adequate resources. o Offeror's specific expertise in supplying bulk fuel. o Assurance that the Offeror will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state Offemr's Initials Page 10 of 27 RFP 09-047-MA. Addendum No. 2 statutes and local ordinances including, but not limited to the Davis - Bacon Federal minimum wage requirements. o Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. 2. Proposal Part II — Business Profile and Legal Structure • Legal Name, address, phone, fax, email, Federal ID Number, and website address. • Brief history of business including date the business was established under the current name. • Number of total employees including number of total employees in Lubbock, Texas. • Circumstances if and when the Offeror has ever failed to complete work for which a contract was issued. • Circumstances if and when Offeror has ever been disqualified from working for the City or any other public entity. 3. Proposal Part III — Experience • A list of at least three (3) of the most relevant or comparable contracts completed by your business during the past three (3) years. Describe your experience in providing the required products and services including your experience with. If price proposal includes futures contracts or hedge tools described in Section H. GENERAL REQUIREMENTS, Paragraph 4. BULK FUEL PRICING, provide an experience statement with establishing such contracts and a copy of Offeror's contract and procedures. Contractor shall not enter into any futures contract with the City unless the City provides written authorization from and the City designates in writing a person authorized to execute futures contracts. • A list of at least three (3) of the most relevant or comparable contracts completed by your business during the past three (3) years. Describe your experience in delivering the required products and services, as required in Section I1. GENERAL REQUIREMENTS. • Offeror's reconciliation process to resolve significant discrepancies that may occur between the Contractor's recorded fuel volume and the City's recorded fuel volume. 4. Proposal Part IV — Pricing • A narrative detailing Offeror's best pricing and delivery method or strategy to enable the City of Lubbock to improve budget accuracy each fiscal year and to help control the City's annual fuel budget. Indicate the period of the initial term of the contract with fuel delivery beginning January 1, 2001, and the period of subsequent renewal options, if any. Oticror's Initials Page I I of 27 RFP 09-047-MA, Addendum No. 2 • Completed and signed Proposal Form(s) in accordance with Section 11. GENERAL REQUIREMENTS, Paragraph 4. BULK FUEL PRICING, initiated on each page by individual who signed the Proposal Form on behalf of the Offeror. • One sample contract for each price proposal. d. Each proposal shall be presented in 12-point font on 8-1/2" x 1 V paper. e. Any narrative, charts, tables, diagrams or other materials in addition to those called for herein; to the extent such additions are useful for clarity or completeness of the Proposal. Attachments should clearly indicate on each page the paragraph in the Proposal to which they pertain. 10. CONTRACT CHANGES a. The contract shall be modified only by a written contract amendment signed by the Director of Purchasing & Contract Management and persons duly authorized to enter into contracts on behalf of the Contractor. b. No right or interest in the contract or monies due thereunder shall be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Director of Purchasing & Contract Management, which may be withheld for good cause. Any assignment or delegation made in violation of this section shall be void. c. Any contract resulting from the RFP shall be awarded with the understanding that it is for the sole convenience of the City of Lubbock. The City reserves the right to purchase from other sources fuel that is required on an emergency basis and cannot be supplied immediately from stock by the Contractor. Offeror's Initials Page 12 of 27 RFP 09-047-MA, Addendum No. 2 Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas RFP 09-047-MA Proposal Form, Addendum No. 2 This Form Must Be Included in Part IV of the Proposal TO: City of Lubbock The Honorable Tom Martin Mayor City Hall 1625 13"' Street Lubbock, TX 79401 RE: Bulk Unleaded 86/87 Octane and Diesel 40.0 Centane By submitting a proposal to the City, Offeror agrees that Offeror's Proposal shall constitute a firm irrevocable offer to the City that Offeror shall not withdraw or modify without the City's approval for 90 days after the proposal due date. Offeror agrees that even if the City negotiates or makes a counter offer to Offeror on Offeror's original Proposal or any subsequent Proposal submitted by Offeror to the City, Offeror hereby grants to the City, in the City's sole discretion, the unconditional right for the City to accept Offeror's original Proposal and the City's negotiation or counter offer shall not be deemed to be a counter offer. Offeror certifies that Offeror has provided the City with written notice of all ambiguities, conflicts, mistakes, errors or discrepancies that Offeror has discovered in the RFP, the Instructions to Offerors, the General Requirements, Proposal Form, and any other document. By executing a Contract with the City, Offeror certifies that Offeror communicated to City all ambiguities, conflicts, errors or discrepancies that it has discovered in the RFP, the Instructions to Offerors, the General Requirements, Proposal Form, and any other document and that written resolution thereof by the City as embodied in the final Contract is acceptable to Offeror. Please list any exceptions to General Requirements in the RFP: Offeror's Initials Page 13 of 27 RFP 09-047-MA, Addcndun, No. 2 PRICE PROPOSAL The pricing structure includes six (6) cost categories. The total firm fixed price per gallon of delivered fuel to be paid by the City of Lubbock is the sum of cost categories five (5) and six (6). The Contractor cannot modify, change or increase the Total Delivered Firm Price per Gallon for the initial term of the contract. Prices must be stated in four (4) decimal places (10 ten thousandths). Offeror shall state in Category 1 the date specific to be used for the average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPTS Daily Report for Lubbock, Texas, on June 25, 2009. The firm fixed delivered price per gallon for the duration of the initial contract term shall be determined using the average net price published in the OPTS Daily Report for Lubbock, Texas, on the date specific Offeror enters in Category 1. Contract award is scheduled to occur during July 2009. In addition to the pricing structure listed above, the City invites Offerors to submit alternate proposals on the Offeror's own form using wet or physical hedge tools employing buy and hold, storage agreements, exchanges for product, price point agreements, or fixed price physical delivery. Proposals must include all fees associated with the cost of fuel (excluding tax) and a list of all other fees that apply. Submit a sample contract for each alternate proposal and indicate the initial term of the contract, the number of annual renewal options offered, and if prices are to remain firm and fixed for each renewal option: Offcror's Initials Page 14 of 27 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL UNLEADED TRANSPORT LOAD (6,000 gallons or more) 86 Octane 87 Octane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Cateeory 1 Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS Dail • Report for Lubbock Texas on June 25 2009. Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. itemize In the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 Category 4 Firm Fixed Carry CostlHedge Cost % Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 CategoryUategory 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Galion of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 15 of 27 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL NO.2 DYED DIESEL TRANSPORT LOAD (6,000 Gallons or more) Offeror must indicate whether product is Branded or Unbranded. If Branded, please Indicate product type -ategory 1 Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS DailyReport for i.ubbockiTexas, on June 25,_2009. �;ategory 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Categon 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 40 Centane Category 4 Firm Fixed Carry Cost/Hedge Cost % Catep,ory 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of No. 2 Dyed Diesel Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offerors Initials Page 16 of 27 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL NO.2 CLEAR ULS DIESEL TRANSPORT LOAD (6,000 gallons or more) Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. L Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Uategory 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 40 Centane Category 4 Firm Fixed Carry Cost/Hedge Cost % :ategory 5 Firm Price per Galion CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of No. 2 Clear ULS Diesel Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 17 of 27 RFP 09-047-MA. Addendum No. 2 PRICE PROPOSAL UNLEADED TRANSPORT LOAD (5,000 Gallons or more) 86 Octane 87 Octane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type ategory I Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock,Texas on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 Category 4 Firm Fixed Carry Cost/Hedge Cost % % I ategory 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 uategog 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offcrvr's Initials Page 18 of 27 RFP 09-047-MA. Addendum No. 2 PRICE PROPOSAL NO.2 DYED DIESEL TRANSPORT LOAD (5,000 gallons or more) 40 Centane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS Dailv Re ort for Lubbock, Texas, on June 25, 2009. L Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 Category 4 Firm Fixed Carry Cost/Hedge Cost CategoKy 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize In the space below. Total Category 6 Total Delivered Firm Price per Gallon of No. 2 Dyed Diesel Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 19 of 27 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL NO.2 CLEAR ULS DIESEL TRANSPORT LOAD (5.000 gallons or morel 40 Centane Offeror must indicate whether product Is Branded or Unbranded. If Branded, please indicate product type Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 Category 4 Firm Fixed Carry Cost/Hedge Cost Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of No. 2 Clear ULS Diesel Transport Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 20 of 27 UP 09-047-MA, Addendum No. 2 PRICE PROPOSAL UNLEADED BOBTAIL LOAD 86 Octane 87 Octane Offeror must indicate whether product Is Branded or Unbranded. If Branded, please Indicate product type Category 1 Average net price per gallon published in the OPIS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPTS Daily Report for Lubbock, Texas, on June 25, 2009. :ategory 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES 1 AND 2 Category 4 Firm Fixed Carry Cost/Hedge Cost % % Category 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of Unleaded Bobtail Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offeror's Initials Page 21 of 27 RFP 09-047-MA, Addendum No. 2 PRICE PROPOSAL NO.2 DYED DIESEL BOBTAIL LOAD 40 Centane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published In the OPTS Daily Report for Lubboc Texas, on June 25, 2009. Category 2 Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 Category 4 Firm Fixed Carry Cost113edge Cost % 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of No. 2 Dyed Diesel Bobtail Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: Offcror's Initials Page 22 of 27 RFP 09-047-MA. Addcndum No. 2 PRICE PROPOSAL NO.2 CLEAR ULS DIESEL BOBTAIL LOAD 40 Centane Offeror must indicate whether product is Branded or Unbranded. If Branded, please indicate product type 1 Average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, on (date specific), for fuel delivery beginning January 1, 2010. For evaluation purposes only, use the average net price published in the OPIS Dam Report for Lubbock, Texas, on June 25, 2009. L:ategory L Firm Fixed Price Differential (margin, freight, delivery, storage, carrying costs, and all other expenses) per gallon. Itemize in the space below. Total Category 2 Category 3 Total Base Price per Gallon SUM OF CATEGORIES I AND 2 Category 4 Firm Fixed Carry Cost/Hedge Cost Categog 5 Firm Price per Gallon CATEGORY 3 MULTIPLIED BY CATEGORY 4 Category 6 All federal, state and local mandated & applicable fees, costs, taxes per gallon. Itemize in the space below. Total Category 6 Total Delivered Firm Price per Gallon of No. 2 Clear ULS Diesel Bobtail Load SUM OF CATEGORIES 5 AND 6 Indicate the number of annual renewal options offered and if the above prices are to remain firm and fixed for each renewal option: OtTcror's Initials Page 23 of 27 RFP 09-047-MA, Addendum No, 2 Unless otherwise specified herein, the City may award contracts either item -by -item or on an ali-or-none basis for any item or group of items shown on the Proposal Form. The City of Lubbock reserves the right to reject any or all proposals, reject any particular item on a quote, and to waive immaterial formalities. PAYMENT TERMS AND DISCOUNTS - Offeror offers a prompt payment discount of %, net calendar days, Discounts will not be considered in determining lowest price proposal. Unless otherwise indicated on the Proposal Form, payment terms will be NET THIRTY DAYS. The City will pay the successful Offeror within thirty (30) days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten (10) days will not be considered. MOST FAVORED PRICING: The Offeror certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Offeror on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful Offeror, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same goods or services, at the prices quoted, for the period of this contract. Each Offeror shall indicate on the Proposal Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the Offeror) agree that all terms, conditions, General Requirements, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, Texas Tech University, West Texas Municipal Power Agency, and Cities of Abernathy, Brownfield, Idalou, Lorenzo, and Wolfforth. YES NO • If you (the Offeror) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's purchases. Each governmental entity will order their fuel as needed. The undersigned hereby offers to fttrnish and deliver the goods or services as specified above at the prices and terms therein stated and in strict accordance with the Instructions to Offerors and the General Requirements, all of which are made a part of this offer. THIS PROPOSAL IS SUBMITTED BY a corporation organized under the laws of the State of or individual trading as Address: M/WBE Firm: or a partnership consisting of City: of the City of State: Zip Woman Black American Native American Hispanic American Asian Pacific Americi Other (Specify) Address of the nearest distribution center: center if stock is not available from nearest distribution center: Location address of the alternative distribution or storage Oflcror's Initials Page 24 of 27 RFP 09-047-MA, Addendum No. i CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting proposals to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of proposal to: Marta Alvarez, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your RFP # 09-047-MA for the following reason(s): Specifications too "tight', i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other eommodities and/or services, please state particular product and/or service tinder which you wish to be classified) Our product schedule would not permit us to perform. Unable to meet specifications. .lob too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer, jobber, etc. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) Company Name: Address: City: State: Zip Contact Name: Title: Business Telephone Number FAX: Internet Address: Company's Internet Web Page URL: Offerors Mitials Page 25 of 27 RFP 09-047-MA, Addendum No. 2 City of Lubbock Consideration of Location of Offeror's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed proposals from a bidder whose principal place of business is in the municipality and whose proposal is within five percent of the lowest proposal price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder ofrers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terns are defined by 47 U.S.C, Section 153. In order to receive consideration, Offerors must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 i P Street, Suite 204 Lubbock, TX 79401 Complete all areas below. Incomplete gffidavits may he rejected. Local Business Name: Local Address (must be within the City limits): Address of the company's principal place of business within the United States: I . How many residents of the City of Lubbock are employed at the above business location'? 2. Year your business was established in the City of Lubbock: 3. For transactions that require sales tax, provide the following Resellcr information: Reseller Permit Number: Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas'? Yes No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shalt be prohibited from bidding on City of Lubbock products and services for a period of one 11) year. Authorized Signature: Printed Name and Title: Offeror's Initials Page 26 of 27 Date: RbP 09-047-MA, Addendum No. 2 City of Lubbock Purchasing Department in an effort to better serve our suppliers, the City of Lubbock Purchasing Department is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2572. City of Lubbock RFP 09-047-MA HOW DID YOU RECEIVE NOTICE OF THIS REQUEST FOR PROPOSAL? Lubbock Avalanche loumal? Yes No The Daily Commercial Record? Yes No From Plan Room or other type of service? Yes No Did you access the City of Lubbock website to search for proposals? Yes No Facsimile or email from BidSync.com? Yes No Did you download from your home computer? Yes No Did you download from your company computer? Yes No Requested a copy from Lubbock Purchasing Department. Yes No Are you a member of BidSync? Yes No Other: THANK YOU. Offcror's Initials Page 27 of 27