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HomeMy WebLinkAboutResolution - 2012-R0368 - Contract - Rip Griffin Truck Services Center Inc.- Bulk Gasoline - 09_27_2012Resolution No. 2012—RO368 September 27, 2012 Item No. 5.16 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, Contract No. 10642 for bulk unleaded gasoline and bulk diesel fuel, by and between the City of Lubbock and Rip Griffin Truck Service Center, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on September 27, 2012 AR WV• MAYOR ATTEST: Rebe ca Garza, City Secret tZT APPROVED AS TO CONTE Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: OadWeaver, Assistant City Attorney vw:ccdocs/RES.Contract-Rip Griffin August 28, 2012 Rip Griifi>raL gw- Trrt c�c�i C�vit¢rS Fuel Purchaser: Address: City/State/Zip: Phone: Fax: Email: 4710 4th Street Lubbock TX 79416 Phone (806) 796-5770 Fax (SOB) 763.4901 SUPPLY CONTRACT -SAMPLE OPTION 1 City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 806.775.2572 806.775.2164 Contact Person: Email: Product: Dates Valid: Deadline: Marta Alvarez Ma1varez@rnaiI.ci.1ubbock.tx.us Bulk Unleaded Gas and Diesel Fuel 01/01/13 - 12/31/14 8/20/2012 15:00 In response to your purchase inquiry above, Rip Griffin Truck Service Center, Irt :. ("RGTSC") is pleased to submit this Contract which will be valid for the dates listed above. Your execution below and return of the same to us, shall indicate your agreement to the terms and conditions of this Contract and the Provisions of Agreement, attached hererto as Exhibit A and incorporated herein by this reference {collectively, the "Agreement". Product Quanifty Price Delivery Location See Exhibit B attached hereto and incorporated herein by reference. TERM OF AGREEMENT: January 1, 2013 through December 31, 2014 PAYMENT TERMS: NET 10 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 Citys recorded fuel volume due to the fact we do not have care, custody or control of the facility. 5. Prices are based on the LOWER of the formula priced average net posting published or the formula priced low rack posting published in the OPIS daily report for Lubbock, Texas. The Benchmark file is August 10. 2012. 6. In compliance with the City of Lubbock RFP 12-10642-MA we will not accept a partial bid, we will only agree to a "all or nothing" bid. 7. The parites agree to the terms of Attachment "A" attached hereto and incorporated by reference. Thank you for this opportunity to supply your fuel product needs. FUEL PURCHASER: City of Lubbock A Texas Home -Rule By: Glen C. *6 rtson Its: Mayor Date: I — 2 �% , 2012 A ttest: Rebecca Giza, City Secretary Approved as to Content: SerT Scott Snider, Assistant City Manager RIP GRIFFIN TRUCK SERVICE CENTER, INC. A TEXAS CORPORATION By: Mark Griffin Its: Pres' nt Date: 2012 as to Form: Assistant City Attorney R"Wn Dade: 011112 ATTACHMENT "A" A. Non -Arbitration The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. EXHIBIT A PROVISIONS OF AGREEMENT The following terms and conditions are incorporated into and form an inteeral part of the Ouotation to which they are attached, with the some 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 August 17, 2012 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, deliver sheet or other document used by Fuel Purchaser, regardless of whether or not such document is signed by an employee of RGTSC." 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 (6) 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. 3. INDEMNITY. To the extent permitted by applicable law, Fuel Purchaser hereby agrees to defend, indemnify and hold harmless Rip Griffin Truck Service Center Inc., 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 attorney's 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 p•�" 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 Purchasers obligations hereunder shall not apply to liabilities caused by the sole or gross negligence or willful misconduct of the indemnified party. Rip Griffin Truck Service Center Inc. 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. 4. MANNER OF PAYMENT, DEFAULT 1N 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 Rip Griffin Truck Service Center Inc.'s opinion, Fuel Purchaser's creditworthiness becomes impaired or otherwise unsatisfactory, Rip Griffin Truck Service Center Inc. may require that Fuel Purchaser (i) make only cash payments for products hereunder and/or (ii) provide such security, as Rip Griffin Truck Service Center Inc. 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 Rip Griffin Truck Service Center Inc. hereunder, such amount shall (i) accrue interest at the rate of eighteen percent (I8%) per annum The accrual of interest on such amounts shall not prejudice any other remedies available to Rip Griffin Truck Service Center Inc. under this Agreement or applicable law. 5. RATABLE LIFTING. If the term of this Agreement extends beyond one (1) calendar month, the following terms and conditions shall apply: Lifling. Volume Tolerance: Fuel Purchaser shall lift all monthly quantities of fuel purchased under this end of each calendar month, on a ratable basis and (ii) during each calendar month of the Term, the actual monthly volume ("AMW) of fuel lifted by Fuel Purchaser shall be within ten percent (10%). 6. CAPACITY — ABILITY TO PERFORM. If Rip Griffin Truck Service Center Inc. 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, Rip Griffin Truck Service Center Inc. shall be relieved of any and all obligations hereunder (as to such product or products). In such event, Rip Griffin Truck Service Center Inc. 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 6 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. FORCE MAJEURE. Rip Griffin Truck Service Center Inc.'s failure to perform any term or condition of this Agreement as a result of conditions beyond Rip Griffin Truck Service Center Inc.'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 Rip Griffin Truck Service Center Inc. may rely in its performance hereunder, and the total or partial failure of transportation facilities customarily available to Rip Griffin Truck Service Center Inc., shall not be deemed a breach of this Agreement. 8. LIMITED WARRANTY AND LIMITATION OF DAMAGES. BEYOND THE BASIC DESCRIPTION OF THE PRODUCT BEING SOLD TO FUEL PURCHASER UNDER THIS AGREEMENT, RIP GRIFFIN TRUCK SERVICE CENTER, INC. 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, RIP GRIFFIN TRUCK SERVICE CENTER, INC. 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 w- THE REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE. 9. FUEL PURCHASER'S INSURANCE. if Fuel Purchaser, its agents, employees or contractors, will at any time during the Term of this Agreement pick up product purchased hereunder at any terminal, transload site, or other premises owned, leased or operated by Rip Griffin Truck Service Center, Inc., Fuel Purchaser shall execute Rip Griffin Truck Service Center, Inc.'s approved Terminal Access Agreement and provide all insurance coverages required therein. All of the required terms and conditions of the Rip Griffin Truck Service Center, Inc. Terminal Access Agreement are included herein by reference. 10. 10. 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, 11. 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 Rip Griffin Truck Service Center, Inc. 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 Rip Griffin Truck Service Center, Inc. and, notwithstanding any such assignment, Fuel Purchaser shall not be released from its obligations hereunder, absent Rip Griffon Truck Service Center, Inc.'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. EXHIBIT B RFP 12-10642-NIA Bulk Unleaded Gasoline and Bulk Dicsel fuel D PRICE PROPOSAL (2) FIXED PRICE Offeror shall state in date specific to be used for the average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, for fuel delivery beginning January 1, 2013. For evaluation purposes only, use the average net price published in the OPTS Daily Report for Lubbock, Texas, on August 10, 2012. The firm fixed delivered price per gallon for the duration of the initial contract term. INCLUDE THE FEE FOR THE DELIVERY OF PETROLEUM PRODUCTS IN WITH THE PP[CFC V011 PROPORPT) RVI.OW! Item Fuel Load Average Net Differential firm Price Price +l- Per Gal Per Gal I Unleaded 86/87 Octane Transport $ 2.49 -- 2.49 2 Unleaded 86187 Octane Bobtail 2.49 -- 2.49 3 No. 2 Dyed Diesel 40.0 Transport Centane 2.8950 -- 2.8950 4 No. 2 Dyed Diesel 40.0 Bobtail Centane 2.8950 __ 2.8950 5 No. 2 Clear Ultra Low Sulfur Transport Diesel 40.0 Centane 2.8950 __ 2.8950 6 No. 2 Clear Clear Ultra Low Bobtail Sulfur Diesel 40.0 Centane 2.8950 __ 2.8950 Trade name of fuel offered Rip Griffin Truck Service Center owns and operates a proprietary pipeline terminal in Lubbock, Texas. As the title holder of our own gasoline and diesel delivered exclusively by the NuStar pipeline, which is directly connected to the Valero McKee refinery and the Phillips Conoco refinery in Borger, Texas, Rip Griffin has the ability unlike other suppliers to insure the City of Lubbock supply and is not subject to allocations of supply interruptions as a regular Jobber or Distributor would be. * The fixed price volume can be determined by the City for any fixed monthly volume from 25% of the total gallons to 100% of the total gallons. ** Price proposals do not include the tax associated with fuel purchases. 21 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel SUBMIT TO: af; CITY OF LUBBOCK cityur CITY OF LUBBOCK TEXAS Purchasing &Contract Management Lubbock ' 1625 13'" Street, Pni 204 r,,,t REQUEST FOR Lubbock, Tx 79401-3830 AN EQUAL PROPOSAL CONTACT PERSON: Marts Alvarez OPPORTUNITY EMPLOYER RFP 12-10642-MA TEL:806.775,2572 FAX: 806.775.2164 http://purchasing.ei.lubbock.tx.us TITLE. Bulk Unleaded Gasoline and Bulk Diesel Fuel SUBMITTAL DEADLINE: August 20, 2012, 3:00 P.M. CST PRE PROPOSAL MEETING DATE, TIME AND LOCATION: Augustly, Anypmpeugkrereivedafterrbehmeanddaielisredabuve,regardlas 2012 at 10:00 a.m., 1625 IP Street, Purchasing Conference Room ojlkeexrdeo/de!(very, rMll be rerumcdunapened. 204 Lubbock Texas RESPONDENT NAME: Ri IF RETURNING AS A "NO RESPONSE", PLEASE STATE REASON MAILING ADDRESS: CITY — STATE —ZIP. THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND Lubbock TX 79416 ALL PROPOSALS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE PROPOSAL PROCESS. FURTHER, TELEPHONE NO: t 8O6) 795-8785 THE CITY RESERVES TIM RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: REQUEST PERMITS COMPETITIVE PROPOSALS. IT IS THE OFFEROR'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK DIRECTOR OF E-MAIL: PURCHASING AND CONTRACT MANAGEMENT IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS RFP TO A SINGLE SOURCE, SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT NO LATER THAN FIVE 75-1221863 5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE, THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS PROPOSAL IS BASED ON ANY ADDENDA POSTED ON BIDSYNC,COM X YES NO The City of Lubbock Charter states 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 of the City, or member of their immediate family, benefit from the award of this proposal to the above firm?_ YES 1__-NO IN COMPLIANCE WITH THIS 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 TIIIS PORTION MAY RESULT IN PROPOSAL REIECTION. By my signature I certify that this offer is made without prior understanding agreement, or connection with any corporation, firm, business entity, or person submining an offer for the same materials, suppl ies, 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 or Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to t vendor, Chief Financial Offiger Authorized Signature Title Don Hayden 8-15-12 Print/Type Name Date THIS FORM MUST HE COMPLETED AND RETURNED WITII YOUR RESPONSE. R*I P Griffin ­,j� Trace[ Centers August 17, 2012 City of Lubbock The Honorable Glen Robertson Mayor City Hall 1625 13" Street Lubbock TX 79401 RE: Bulk Unleaded 86/87 Octane and Diesel 40.0 Cetane Rip Griffin Truck Service Center, Inc. provides certification and assurance to the best of its knowledge, information and belief, it is cognizant of, complies with and enforces, T7 where is 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. Sincerely, /4d_L�42_1� Don Hayden, CFO GENERAL OFFICES . 4710 4TH STREET . LUBBOCK, TEXAS 79416 . 806 795-8785 . FAX (8M 795-6574 P.O. BOX 10128 . LUBBOCK TEXAS 79408 . www.ripgriffin.com . E-Mail: info@ripgriffin.com BUSINESS PROFILE AND LEGAL STRUCTURE 4 Rip Griffin Truck Service Center, Inc. 4710 4th Street Lubbock TX 79416 Phone: (806) 795-8785 Fax: (806) 795-6574 FEIN: 75-1221863 www.ripgriffin.com General: Rip Griffin Truck Service Center, Incorporated, (the "Company"), is a Texas Company engaged in the operation of full service Truck/Travel Centers in Texas_ Headquartered in Lubbock, Texas, the Company presently operates three Truck/Travel Centers in Texas. Mr. B.R. ('Rip") Griffin has developed the Company's network from one truck stop with limited fuel and food services opened in 1962, to Truck/Travel Centers providing a full range of products and travel related services to both truckers and individual travelers. The Company also engages in the wholesale supply and distribution of petroleum refined products and lubricants. THE BUSINESS History Rip Griffin Truck Service Center, Inc. was founded in Lubbock, Texas, in 1962 by Mr, B.R. ("Rip") Griffin. The Company has evolved from a single truck stop in Lubbock, Texas, to a regional Bulk Fuel Wholesaler located in the western and southern United States. Shown below is a list of the states in which Rip Griffin Truck Service Center, Inc. operates. Texas retail facilities are Shell branded distributors. The states are. - Arkansas Arizona New Mexico Louisiana Texas Colorado Products and Services In addition to offering wholesale bulk fuel, Rip Griffin Truck Service Center also offers Petroleum Terminal Storage Facilities as well as various retail operations, which include restaurants, convenience stores and gift shops. .I- BUSINESS PROFILE AND LEGAL STRUCTURE: Fuel Terminals A fuel terminal, opened in Lubbock in August of 2009, allowing the Company to offer storage capacity of 130,000 BBLS, as well as services including blending, receipt of products via pipeline, rail and truck transport to insure adequate and consistent supply. The terminal loading racks are state of the art and insure efficient and safe loading of product for delivery. OPERATIONS During the past 50 years, the Company's management has developed considerable experience in purchasing petroleum products from a number of suppliers. As a result of this supplies relationships and expertise in the wholesale fuel market, the Company believes that it has been able to manage its per gallon costs of both diesel fuel and gasoline. Griffin Oil Company, operated as a separate profit center, is a bulk oil distributor serving commercial customers in ten counties surrounding Lubbock. Fuel purchases are made by Griffin Oil Company with supply agreements with multiple suppliers both branded and unbranded. The Company owns 51 fuel trucks, which it uses when prices and availability justify transporting product. The Company transports approximately 70% of the volume of petroleum products sold, with the remainder transported by common carrier. The Company believes that using its own tanker trucks is more cost effective and the Company is better able to control the flow of product to its facilities and customers. Purchasing terms are typically 10 days. MANAGEMENT AND EMPLOYEES The Company has approximately 100 local Lubbock employees, none of whom is represented by a union. Approximately 80% of the employees are paid on an hourly basis. Brief resumes of top management are presented below. EXECUTIVE OFFICERS B.R. ("Rip") Griffin, Chief Executive Officer Marcus Ray Griffin, President Dallas Musgrave, Vice President Don Hayden, Chief Financial Officer and Treasurer B.R. ("Rip") Griffin is C.E.O. Mr. Griffin obtained his Bachelor of Science degree from Texas Tech University in Lubbock in 1955. He has spent 56 years in the development and management of truck stops and related business after opening his first truck stop in Lubbock in 1962. BUSINESS PROFILE AND LEGAL STRUCTURE Marcus Ray Griffin is President. Mark Griffin is the son of Mr, B.R. Griffin 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 1981, and presently serves 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 1982 and is responsible for the general management of all Truck/Travel Centers, His previous experience included more than 20 years in the restaurant and franchise management field, primarily with Interpoint Corp. which owned ten truck stops, 20 full -service restaurants and 35 franchised restaurants. Don Hayden is Chief Financial Officer and Treasurer. Mr. Hayden graduated from West Texas State University with a degree in finance and Texas Tech University with an M.B.A. He joined the Company in 1987. He has 35 years of corporate finance experience serving as SecretarylTreasurer of Tri-Matic, Inc., a Brownfield, Texas manufacturing firm and Controller of Leaseway Southwest, Inc. RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas RFP 12-10642-MA The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following INSTRUCTIONS TO OFFERORS and GENERAL REQUIREMENTS: I. INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY, TIME & DATE 1.1 The City of Lubbock will receive written and sealed competitive proposals for Bulk Unleaded Gasoline and Bulk Diesel Fuel until 3:00 p.m. CST, August 20, 2012, 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 will 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 12-10642-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, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals and proposed contracts are delivered to the Purchasing and Contract Management 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, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock 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 WILL NOT ACCEPT FAX PROPOSALS. 1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by offeror guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum, 1.6 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind." 4 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 2 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 Request for Proposal (RFP) documents, a pre -proposal meeting will be held at 10:00 a.m.. Auzust 15, 2012, 1625 13'h Street in Purchasing Conference Room 204, Lubbock, Texas. All persons attending the conference 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 will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre-proposaI meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock 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 of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. 3 CLARIFICATION OF REQUIREMENTS 3.1 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 Director of Purchasing and Contract Management if any language, requirements, etc.,__or_ any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock 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 THIS REQUEST FOR PROPOSAL (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: tslennon@mylubbock.us BidSync: www,bidsync.com 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bids ny c.com. We strongly suggest that you 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 and Contract Management Department. At the request of the offeror, or in the event the Purchasing and Contract 5 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department will be available over the Internet at www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Department no later than five (5) days prior to the proposal closing date. 4.3 The City does not assume responsibility for the receipt of any addendum sent to offerors. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this RFP. 5.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this 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 of the Request for Proposal. 6 PROPOSAL COPIES 6.1 OFFEROR'S MUST SUBMIT THE ORIGINAL AND THREE (3) COPIES OF THE SEALED PROPOSAL TO THE PURCHASING AND CONTRACT MANAGEMENT DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL 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 this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received. 7 PROPOSAL PREPARATION COSTS 7.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of this RFP does not obligate the City of Lubbock 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 proposer. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly ,- identify those portions. 4 i 6 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 8.3 The City of Lubbock will honor your 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 your proposal is in fact a trade secret or commercial or financial information 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 your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your 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 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 your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 9.1 The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this 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, sex, 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 51 % 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. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB 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 51 % 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. 11 CONFLICT OF INTEREST T 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 of Lubbock. 7 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 11.2 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 this RFP. 12 ANTI -LOBBYING PROVISION 12.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, 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 UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 12.2 This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal. 13 AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL Proposals must show vendor 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 of Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation 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 or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize 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). A Purchase Order/Contract will be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints. 15 EVALUATION PROCESS 15.1 All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant. 8 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 15.2 Respondents to this RFP 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 ti evaluation criteria included in the Request for Proposal. 15.4 The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped. 16 SELECTION 16.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 16.2 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 THIS 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. 18 NONAPPROPRIATION All funds for payment by the City under this 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 of Lubbock for the goods or services provided under the contract, the City will terminate 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 this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller 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 this contract beyond the date of termination. 19 PROTEST 19.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing and Contract Management within five (5) business days following the opening of proposals. This includes all protests relating to advertising of notices, deadlines, proposal opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration _ by the City Council as allowed by law. 9 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 19.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 20. THE CITY RIGHT TO AUDIT At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 21. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 22. CONTRACT TERM The contract shall be for a term of two (2) years, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 23. TERMINATION OF CONTRACT This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. The City of Lubbock is aware of the time and effort you expend in preparing and submitting proposals to the City. Please lei us know of any requirement causing you difficulty in responding to our Request for Proposal. We want to facilitate your participation so that all responsible firms can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Director of Purchasing and Contract Management at (806) 775-2572. 10 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel IL 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 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, 2013, 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, 2012. 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 ii. 135,000 gallons bobtail load iii. No. 2 Dyed Diesel fuel orders are currently ordered on an as needed basis. RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 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 f- mandated by fcderal 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 vendors 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 Stora a Tank Locations. Est. Trips/Year Load Tyne a. Airport Maintenance Facility, 5900 N. Walnut (Monitored by Veeder-Root TLS-350) 6,000-Gallon Tank (2) - Unleaded 1 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. 19'h 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 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 r f. Lubbock Cemetery, 2011 E. 341h Street ! 500-Gallon Tank (1) - Diesel 2 Bobtail 12 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 4. g. Municipal Hill, 600 Municipal Drive (Monitored by Veeder-Root TLS-350) l 5,000-Gallon 'Tank (2) — Unleaded 30 Transport 15,000-Gallon Tank (1) — Diesel 40 Transport h. South Site, 84`h 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. 371h 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 I. 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. Contractor is responsible for installing and maintaining berm, dyke, or other EPA approved device for containing fuel spills. Contractor shall furnish fuel the generator sites on as needed bases. 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 Leslie Cox at 806-775-2376 or e-mail Icox(d)mail.ci.lubbock.tx.us. 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, 2013. 13 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel 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 1 0% 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 OPIS Daily Report for Lubbock, Texas. 5. FUEL ORDERS a. 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. b. The Contractor shall deliver emergency fuel orders on a priority basis. 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. c. 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. d. The City will e-mail to the Contractor fuel orders using a designated e-mail address. This email must be confirmed by the Contractor that they have received the fuel order within the hour of receipt. The Contractor shall provide email address to the City of Lubbock's Fleet Services Department for this purpose. At a minimum, e-mail provided by the City shall include the following information: Fuel Site �-- Location; Tank Number; Product; Maximum Quantity; and Date & Time of Delivery. e. 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. Delivery will be accepted at main delivery site at 6:45 a.m. If delivery is going to be late, the Fleet department representative needs to notify immediately. b. Delivery sites are closed to City vehicles and equipment re -fueling traffic. c. 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. 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. 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: r 1 14 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel i. Calibrated loading rack meter tickets for less than full transport load or bobtail load truck deliveries. ii. Railcar/Tank Bill of Lading for full transport load truck deliveries. f. 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 fuel purchases or deliveries shall apply to the City during emergencies; however, deliveries are subject to availability of supply. g. Contractor shall provide latest material safety data sheet (MSDS) for both unleaded and No. 2 Dyed Diesel. h. 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. iv. Billed quantities shall be adjusted as for full transport loads. v. Name of storage tank location, and fuel tank number. vi. Requesting department employee 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 15 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel ii. Items listed individually by the written description. iii. Unit price, extended, and totaled. iv. Billed quantities shall be adjusted as for full transport loads. v. Name of storage tank location, and fuel tank number. vi. Requesting department employee 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 Department Attn: Fleet Services Bookkeeper 204 Municipal Drive Lubbock, Texas 79404 Phone806-775-2190 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 (50%). 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%). Adequate resources for supplies. c. Contract Terms (15%). Offeror's sample contract(s). These references should be government related, i.e.: states, cities, counties, school systems or support agencies. d. Delivery (10%). 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. 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. 16 RFP 12-1O642-MA Bulk Unleaded Gasoline and Bulk Diesel 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. 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 statutes and local ordinances including, but a 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 17 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel contracts or hedge tools described in Section If. 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 E` 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 If. 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, 20I3, and the period of subsequent renewal options, if any. • Completed and signed Proposal Form(s) in accordance with Section If. GENERAL REQUIREMENTS, Paragraph 4. BULK FUEL PRICING, initialed 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 I I" 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. 18 RFP 12-10642-NIA Bulk Unleaded Gasoline and Bulk Diesel Fuel This Form Must Be Included in Part IV of the Proposal Ar TO: City of Lubbock "4 The Honorable Glen C. Robertson Mayor City Hall 1625 131h 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: SFF ATTACHRD 19 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel Exceptions to General Requirements in the RFP; Page 11 of 34, Section 1, segment "a", page 13, Section 3, Paragraph 2, and page 14, Section 4a,segment iv- In the event Fuel Purchaser lifts less than ninety percent (90%) of the MCV for any calendar month of the Term, Fuel Purchaser shall pay to RGTSC an amount equal to the fixed price excluding tax per gallon times a five percent (5%) fee, in addition to the fixed price for the gallons short of the ninety percent (90%). Page 11, Section 1, segment "a", page 13, Section 3, Paragraph 2, and page 14, Section 4a,segment iv- In the event Fuel Purchaser lifts more than one hundred ten percent (110%) of the MCV for any calendar month of the Term, Fuel Purchaser shall pay to RGTSC an amount equal to the fixed price excluding tax per gallon times a five percent (5%) fee, in addition to the fixed price for the gallons in excess of the one hundred ten percent (110%). Page 11, Section 1, segment "a" and page 13, Section 3, Paragraph 2- Volume shall be plus or minus ten percent (10%). Page 11, Section 1, segment "e" — In compliance with the RFP we will not accept a partial bid, we will only agree to an "all or nothing" bid. Page 12, Section 2, segment "c" —Test shall be provided by a third party certified laboratory mutually agreed by both parties. Page 16, Section 7,segment "b" — Invoices will be sent on a continual basis as fuel is delivered. The delivery date will serve as the invoice date. Page 16, Section 7,segment "d" We will not agree to Segment "d" due to the fact that we do not have care, custody or control of the facility. Clarifications: Price proposal (1) offers the lower of the daily calculated OPIS average net price per gallon less the differential or the OP1S rack low plus differential from the Lubbock, Texas OPIS Net publication. Price proposal (2) offers a fixed price to be determined by the City for any fixed monthly volume from twenty-five percent (25%) of the total gallons to one hundred percent (100%) of the total gallons. The total annual volume of approximately 2,184,000 gallons may be allocated between Price Proposal (1) and Price Proposal (2) as long as the fixed price volume is greater than twenty-five percent (25%) of the total annual volume. RFP 12-10642-I`tA Bulk Unleaded Gasoline and Bulk Diesel Fuel 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 Galion for the initial term of the contract. Prices must be stated in four (4) decimal places (10 ten thousandths), 011"cror shall state in Category I the date specific to be used for the average net price per gallon published in the OPTS Daily Report for Lubbock, Texas, for fuel delivery beginning January 1. 2013. For evaluation purposes only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, :1u, List 10. 2012. 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 September 2013. In addition to the pricing structure listed above, the City invites Offerors to submit altennate proposals on the Ofleror's own lbmi 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: Option 1: Lower of OPIS daily price proposals see attached. Option 2: Fixed price proposal see attached. NOTE: The City may determine to combine pricing Options i and 2 as long as the fixed price volume is greater than twenty—five percent (25%) of the approximate total annual volume of 2,184,000 gallons. 20 EXHIBIT B Rl-P 12.10642-NIA Bulk Unleaded (iasuline and Bulk Diesel Fuel PRICE PROPOSAL (2) FIXED PRICE Offeror shall state in 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, 2013. For evaluation purposes u_nly, use the average net price published in the OPIS Daily Report for Lubbock, Texas, on August 10, 2012. The firm fired delivered price per gallon for the duration of the initial contract term. INCLUDE THE FEE FOR THE DELIVERY OF PETROLEUM PRODUCTS IN WITH THE PRICFs you PROPOSED RF1.OW: Item Fuel Load Average Net Differential Firm Price Price +/- Per Gal Per Gal I Unleaded 86/87 Octane Transport $ 2.49 -- 2.49 2 Unleaded 86/87 Octane Bobtail 2.49 2.49 3 No. 2 Dyed Diesel 40.0 Transport Centane 2.8950 -_ 2.8950 4 No. 2 Dyed Diesel 40.0 Bobtail Centane 2.8950 -- 2.8950 5 No. 2 Clear Ultra Low Sulfur Transport Diesel 40.0 Centane 2.8950 -- 2.8950 6 No. 2 Clear Clear Ultra Low Bobtail Sulfur Diesel.40.0 Centane 2.8950 -, 2.8950 Trade name of fuel offered Rip Griffin Truck Service Center owns and operates a proprietary pipeline terminal in Lubbock, Texas. As the title holder of our own gasoline and diesel delivered exclusively by the NuStar pipeline, which is directly connected to the Valero McKee refinery and the Phillips Conoco refinery in Borger, Texas, Rip Griffin has the ability unlike other suppliers to insure the City of Lubbock supply and is not subject to allocations of supply interruptions as a regular Jobber or Distributor would be. * The fixed price volume can be determined by the City for any fixed monthly volume from 25% of the total gallons to 100% of the total gallons. ** Price proposals do not include the tax associated with fuel purchases. 21 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel III. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT General Liability Commercial General Liability per $1,000,000 Occurrence Any Auto $1,000,000 Worker's Compensation $ 500,000 Employee Dishonesty Coverage $ 300,000 All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. Additional Insured On Auto/General Liability On A Primary And Non Contributory Basis To Include Product-comp/Op And Provide A Waiver Of Subrogation In Favor Of The City Of Lubbock. Copies of endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS 22 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: , Marta Alvarez, Director of Purchasing and Contract Management �v City of Lubbock 1625 13'' Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 23 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel SUSPENSION AND DEBARMENT CERTIFICATION Federal Law {A-102 Common Rule and OMB Circular A-1 10) prohibits non -Federal entities from t, 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 $25,000 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. 1, 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: Rip C ri f f in Truck Sp vi pntar, InC 75-1221863 Signature of Company Official: D_L_\I Date Signed: 8-15-12 Printed name of company official signing above: ]Inn Hayden 24 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel .r City of Lubbock, Texas Purchasing and Contract Management Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal 1, the undersigned Offeror certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker, If 1 am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. • r, O' Don Hayden Contractor (Original Signa re) Contractor (Print) CONTRACTOR'S BUSINESS NAME: Rip Griff in Truck Servic(: Center, inc _ (Print or Type) CONTRACTOR'S FIRM ADDRESS: 4710 — 4th Street NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor, If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel The Proposer must complete, sign and return as part of their submittal response. 25 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY Don Hayden being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. RiR Griffin Truck Service Center, Inc,. NAME OF FIRM SIGNATURE OF BIDD CFO TITLE �- Subscribed and sworn to before me this 15th day of August , 2012 Noep ry ublic in and for the State Of exas residing at �;'wY"��'�� JOY MCCRUMMEN t, a Notary PtUt stale d Teas Lubbock, Texas ;r MVC iooE#w*16-2016 NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 26 RFP 12-10642-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel City of Lubbock, Texas Purchasing and Contract Management 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. REFERENCE ONE Government/ Company Name: Address: _ _ 1625_ — 1: Contact Person and Title. See att'arhAd Phone: See attached Fax: Spe „ttArhed Contact Period: 01.01i1n _ 17.131.417 Scope of Work:TE4ja1 nnri Trnnennrtation CQ;Qt,-..Ct Supplier REFERENCE TWO Government/ Company Name: United Supermarkets. LI.C. Address: j Contact Person and Title: Chris Bridgford Phone: (615) 709—%970 Fax: Contact Period: 03/01/10 — 02/28/1-1 ScopeofWork: F+ia1 nnri Trmnennrtntin.. ront'^act Supplier REFERENCE THREE Government/ Company Name: Address: P.O. Bost 6602 Contact Person and Title: Elizabeth King, Contract Team Leader Phone: (214) 312-6772 Fax: (213) 465--762,9 Contact Period: 12/10/2009--12/09/12 Scope of Work: Fuel and Trann nrtatinn Contract Supplier NOTE: {JOINT CONTRACT WITH SIST)R COMPANY PRO PETROLEUM, INC. AND RIP GRIFFIN TRUCK SERVICE CENTER, INC.) 27 CITY OF LUBBOCK CONTACT PERSON AND TITLE: 1. Marta Alvarez City of Lubbock (806) 775-2572 2. LeeAnn Dumbauld, City Manager City of Lubbock (806) 775-2003 ," RFP 10-108-MA Bulk Unleaded Gasoline and Bulk Dicscl Fuel 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 dclermines, in writing, that the local bidder offers 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 terms 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 13t' Streit, Suite 204 Lubbock, TX 79401 r — Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Rip Griffin Truck Service Center, Inc. Local Address (must be within the City limits): 4 710 — 4 th S t re e� Lubbock, Tx 79416 Address of the company's principal place of business within the United States: Same as a b O V 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: 1962 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number 1- 7 5 -12 218 6 3 -1 Company Name and Address (as it appears on permit): Rip Griffin Truck SerMi-ce Center. TnC_ 4. Does your business have more than one office in the State of Texas? X Yes No If Yes, identify the officc location considered as the point -of sale credit for sales tax purposes: Page 30 RFP 10-I08-MA Bulk Unleaded Gasoline and Bulk Diesel Fuel S. 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? _ _ X _ 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 shall be prohibited from bidding on City of Lubbock products and rvices fora per' of one (I ) year. Authorized Signature: Date: R—j .7— I? Printed Name and Tille: Don Hayden, CFO " Page 31