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HomeMy WebLinkAboutResolution - 2007-R0002 - Letter Of Agreement - Benton Oil Company - Purchase Of Gasoline And Diesel Fuel - 01_12_2007Resolution No. 2007-R0002 January 12, 2007 Item No. 5.10 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 a Letter Agreement and any associated documents with Benton Oil Company of Lubbock, Texas, for the purchase of gasoline and diesel fuel automated services — annual pricing (ITB 06-084-MA), which Letter Agreement and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 12th day of January , 2007. DAVID A. MILLER, MAYOR ATTEST: City Secretary APPROVED AS TO CONTENT: Vi for Kilman, Di r o4Purchas and"Contract Management APPROVED AS O FORM: Don Vandiver, ttomevy of Counsel DDres/Renton0%lUrAgreeVRes December 27, 2006 Resolution No. 2007—R0002 January 12, 2007 Item No. 5.10 P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 January 12, 2007 Benton Oil Company Attn: David P. Forbess PO Box 31 Lubbock, TX 79408 Office of Purchasing RE: I'm #06-084-NIA — GASOLINE AND DIESEL FUEL AUTOMATED SERVICES — ANNUAL PRICING Dear Mr. Forbess: RENTON OIL COMPANY has been awarded the items noted below on the Gasoline R Diesel Fuel — Annual Pricing on your response to the City of Lubbock Invitation to Bid #06-084 MA. I . A Purchase Order will be issued by the City of Lubbock and covers the category of items shown below, and no other, during the period beginning December 7, 2006 and ending December 8, 2006. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement_ 2. Category of Items: 1. #2 Dyed Diesel 42 Cetane Automated Fuel Service 2. Unleaded Gasoline 86 Octane Automated Fuel Service 3. Premium Unleaded Gasoline 90 Octane Automated Fuel Service 28,000 a $1.9895 GL 127,700 (ii 51.6765 GL 62,000 S 1.7965 GL BENTON OIL COMPANY's bid dated November 8"', 2006 and is incorporated into and made a part of this agreement. 3. Prices: As quoted on Bid Form. 4. All invoices sliall be directed to: City Of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 794;7 CITY OF LUBBOCK: David Mayor ATTEST: ebecca Garza City Secretary cc: Bid Folder Vendor File APP OVED AS TO CO TENT: Victor 1Z,,ilman Director of Purchasing Ind Contract Management APPROVED AS TO FORM: orney rrB "6-084-MA, Gasoline and Diesel Automn10 uel Servicc Resolution No. 2007-R0002 SUBMIT TO: 1 , CITY OF LUBBOCK Purchasing & Contract Management /� CITY OF LUBBOCK, TEXAS f 1625 13'h Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #06-084-MA "CEL: 806.775.2167 FAX: 806,775.2164 http://purchasing.ci.lubbeck.tx:U] TITLE: SUBMITTAL DEADLINE: Gasoline and Diesel Automated Fuel Service November S, 2006, 2.00 p.m. CST PRE BID DATE, TIME AND LOCATION: Am, huh reeen•ec our rife rime and dare lcefi l rrhuve, regardims ajthe made e j DELETED dellveKy, shall he returned rioniperwil. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE BENTON OIL CO. CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 1F RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE P.O. BOX 31 "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY TEXAS 79408 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE NO: 80 .763.5301 ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY IT 1S THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAXNO: 806.762.6512 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL: dforbess@door.Tiet LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX ID NO. OR SOCIAL. SECURITY N0. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN 75-I)9H5 l O WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT,COM The City of Lubbock Charter states that no officer oremployee ofthe 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 bid to the above firm? YES X NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION- FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJCCTION. By my signature I certify that this otter is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an oti'er Fo the same materials, supplies, equipment, or servicc(s), and is in all respects fair and without collusion or fraud- [further agree that if the oMr is accepted, Temr 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 acquir and 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 quire by the C ty ibboc . At the Ci discretion, such assignment shall be made and become effective at die time the City tenders final payment to t r. VICE PRESIDENT Authoriz Signatu Title DAVID P_ FORBE;S _ 11/3/06 Printffype Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 06-084-MA.doc ITB 406-084-MA, Gasoline and Diesel Automated Fuel Service BID FORM Gasoline and Diesel Automated Fuel Service CITY OF LUBBOCK, TEXAS ITB 406-084-MA In compliance with the Invitation to Bid #06-084-MA, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid 906-084-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ANNUAL UNIT OF AUTOMATED FUEL ITEM QUANTITY MEASURE DESCRIPTION SERVICE Gallons Diesel ra e 42 Cetane Rack (on 10123106) 1.8895 Margin .10 Payment Discount (iiapphcabte)' Fretght (if applicable) TOTAL 1.9895 -127,700 Gallons n ea a aso Ine 86 Octane Automated Fuel Service Rae (on 10123 06) 1.5765 Marginret .10 Paymment Discount ({r applicable)' aPPlica6 eJ TOiThALrf 1.6765 3. 62,000 Gallons Premium Unleaded Gasoline 90 Octane Automated Fuel Service Rack (on 10 23 06) 1.6965 Margin .10 Payment Discount ((r applicable)* Freight (if applicab e) TOTAL 1.7965 *See Payment Terms below It is understood that additional charges and fees including Federal SuWrfund/Oil Spill Fee, Texas Environmental/Transport Fee_ and any applicable taxes will be paid by the BUYER. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of N A %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty 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 days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured 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 Bidder 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 bidder, and properly authorized interlocal purchasing agreements as provided for by the interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should 06-084-MA.doc ITB 906-084-MA. Gasoline and Diesel Automated Fuel Service these other governmental entities decide to participate in this contract, would you (the bidder) agree that a[[ terms, conditions, specifications, 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, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of WoIfforth. YES X NO • if you (the bidder) 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 debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY BENTON OIL CO. a corporation organized under the laws of the State of TEXAS Fi or an individual trading as or a partnership consisting of BENTON OIL CO Address: P . 0 _ BOX 31 City: MfM Firm By — LUBBOCK State: TEXAS Zia 79408 of the City of CBE Woman Black American Native American panic American Asian Pacific American Other (Specify) .4 - midst sign by hand Officer Name a)W-Title: DAVID P. FORBESS VICE PRESIDENT Please Print PC Business Telephone Number 806.763.5301 FAX: 806.762.6512 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Ind Date of Award by City Council (for bide over $25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 06-084-MA.doc ITB 006-084-MA, Gasoline and Diesel Automated Fuel Service Gasoline and Diesel Automated Fuel Service CITY OF LUBBOCK, TEXAS ITB IY06-084-MA THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. 1. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Gasoline and Diesel Automated Fuel Service per the attached specifications. Sealed bids will be received no later than 2:00 p.m. p.m. CST, November 8, 2006, if date/time stamped on or before 2:00 p.m. at the office listed below. Any .bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #06- 084-MA, Gasoline and Diesel Automated Fuel Service" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, 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 bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING — DELETED CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the Citv of Lubbock Purchasine Manager if anv laneuase, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB 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 bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: 06-084-MA.doc ITB 906-064-MA. Gasoline and Diesel Automated Fuel Service Marta Alvarez, Purchasing Manager City of Lubbock 1625 I3'h Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: httlr_;'wwA-.RFPdcr)t)tcom ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at 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 ITB 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 issued by the Purchasing Department will be available over the Internet at httu:!!wtivw.RFPdepot.coin and will become part of the proposal package having the same binding effect as provisions of the original ITB. 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. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, 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. 'THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 06.084-MA.doc ITB H06-084-MA, Gasoline and Dicscl Automated Fuel Service 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid itern(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be turn for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay gny costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. T2 The issuance of this ITB 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 bid shall be paid by the bidder. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 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 bid 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 bid 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. 8.3 Marking your entire bid CONFIDENTIALfPROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 06-084-MA.doc ITB 006-084-MA, Gasoline and Diesel Automated Fuel Service t0 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids 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 11.1 The bidder 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. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder 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 bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 06-084•MA.doc ITB 906-084-MA. Gasoline and Diesel Automated Fuel Service 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 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 INVITATION TO BID, 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.I Bidder 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 1464 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation, 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 06-084-MA.doc [TB #06-084-MA. Gasoline and Diesel Automated Fuel Service 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 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 bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid 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 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. 16.2 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. 16.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. is ANTI -LOBBYING PROVISION 18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID 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. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources, 06-084-MA.doc ITB 006-084-MA, Gasoline and Diesel Automated Fuel Service 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids, This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. 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. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21. BIDDING 21.1 Critical elements of the federal, state and local governments (i.e. Police, Fire Department, Power, etc.) and medical complexes will be given priority for motor fuels in the event of local emergency. Appropriate efforts and due care will be exercised to meet these needs. Specific requests such as transports onsite with fuel on -board on standby will be considered as the specific situation warrants. Such special requests will be billed of the appropriate rates. 21.2 Bidders shall bid RACK PRICE in effect on October 23, 2006 and shall include with their bid a DTN sheet indicating the RACK PRICE on that date. 21.3 MARGIN shall remain firm for the duration of the contract. 21.4 The BILL OF LADING shall be delivered with each bulk shipment of fuel. 21.5 Items 1-3 will he awarded on an "All or None" basis. 21.6 All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantities and times will be determined by actual need. Orders for fuel shall be placed in quantities for transport loads when and where possible. 21.7 The contract shall be for a teen of one-year, said date of term beginning upon City Council date of formal approval. After completion of the initial Contract term, the Contract may be renewed for a period not to exceed one (1) year per renewal with no more than two (2) renewal periods, under the same terms and conditions and at the sole discretion of the BUYER. The City of Lubbock is mvare of the time and effort you expend in preparing and submilting bids to the City. Please let its know of any bid requirement causing you difficulty in responding to our Invitation to laid We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately t lvo to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing ,k4anager at (806) 775- 2165, 06-084-MA.doc 10 ITB 406-084-MA, Gasoline and Diesel Automated Fuel Service I1, GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item, in making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request„ Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice, Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 5 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 6 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches 06-084-MA.doc 11 ITB 006-084-MA, Gasoline and Diesel Automated Fuel Service this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 8 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 12 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 13 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 16 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 17 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such 06-084-MA, doc 12 ITB #06-084-MA, Gasoline and Diesel Automated Fuel service action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 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 nonappropriation 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. 14 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 20 Silence ofSpecification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 21 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 06-084-MA. doc 13 ITB 406-084-MA, Gasoline and Diesel Automated Fuel Service 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 bids to the city. If you do not intend to bid an this requirement, please complete and return this form prior to date shown for receipt of bid to: Marta Alvarez, Purchasing Manager, City of Lubbock, F.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB 4 06-084-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 beloii) Insufficient time to respond to Invitation to Bid. We do not offer this products or equivalent. (If you wish to remain on bidders list far other commodities and/or services, please state particular product and/or service sander ]phich yoat wish to be classified) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Name: City: State: Z Contact Name: Title: Business Telephone Number FAX:_ Internet Address: Company's Internet Web Page URL: 06- 084-MA, doc 14 ITB H06-084•MA. Gasoline and Diesel Automated Fuel Service 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 $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 BENTON OIL CO. Signature of Company Official: Date Signed: 11/3106 Printed name of company official signing above: DAVID P. Foxuss 06-084-MA.doc 15 ITS 906-084-MA, Gasoline and Diesel Automated Fuel Service City of Lubbock Consideration of Location of Bidder'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 bids front a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid 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 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, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13'r' Street, Room 204 Lubbock, TX 74401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: BENTON OIL CO. Local Address (must be within the City limits): 1102 CLOVIS HIGHWAY LITRAOCK, TEXAS 79419 Address of the company's principal place of business within the United States: (SAME) I . How many residents of the City of Lubbock are employed at the above business location? 18 2. Year your business was established in the City of Lubbock: 1948 3. For transactions that require sales tax, provide the following Reseller 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 X No If Yes, identity 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? X Yes No If Yes, did the local business pay Z histax to the City of Lubbock? X Yes No Under penalty of perjury, the undersignsthat the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submmg I'a c information to the City in an attempt i qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services one ( I) e I Authorized Signature: rind Ow � Or- Date: 11 /3 /06 VICE PRES- Printed Name and Title: _ (D-A�I�FORBESS -T-T)F-NT 06-084-MA. doc 16 PAGE l OF 5 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR AUTOMATED FUELING SERVICE SPEC #: NV -FUEL AUTOMATED IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS, PRODUCT MUST MEET OR EXCEED THE PERFORMANCE OR CONSTRUCTION DESCRIBED HEREIN. THE VENDOR SHALL BE REQUIRED TO MART{ COMPLIANCE OR NON-COMPLIANCE TO EACH ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL EQUIPMENT FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION- ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION WITH DATE AS SHOWN IN THE INVITATION TO BID (1TB) SHALL BE NOTED ON THE ATTACHED EXCEPTIONS TO THE SPECIFICATION. IN ORDER TO RECEIVE FULL CONSIDERATION, ITB RESPONSE QUOTATION MUST FOLLOW THIS SPECIFICATION AND THE INVITATION TO BID'S TERMS AND CONDITIONS. NO, ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE General Provide automated refueling sites for Regular and Premium Unleaded and 42 Diesel fuel. To be used to refuel City of Lubbock vehicles and equipment. Fuel sites shall be located within each quadrant East, West, North, and South areas of the City. Fuel sites to be operational 24 hours per day and seven (7) days per week. Bid will be awarded "all or none" and up to 3 annual renewals. Regular Unleaded Fuel Unleaded gasoline 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. Unleaded fuel shall comply with all Federal and State regulations. Annual usage is estimated at 127,700 gallons. Actual usage may vary. Premium Unleaded For Motorcycles Only Fuel Premium Unleaded gasoline shall have a minimum octane rating of 90 based on the Research Octane Number (RON) and the Motor Octane Number (MON), (R+M)/2 method. Premium Unleaded fuel shall comply with all Federal and State regulations. Annual usage is estimated at 6,200 gallons. Actual usage may vary. / / #2 Diesel Fuel #2 Dyed Diesel fuel shall be classed as #2 diesel fuel, and shall have a minimum cetane number (CN) rating of 42.0 based on the standard 4-point method. #2 Diesel fuel shall have a maximum of 15ppm sulfur content as mandated by Federal and State regulations effective June 2006. Annual usage is estimated at 28,000 gallons. Actual usage may vary. Daily Rack Price Successful vendor shall fax a daily rack rate fuel price each day to Fleet Services Parts Department at 806-775-2724 and to Purchasing Department at 806-775-2164. ` PAGE 2 OF 5 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR AUTOMATED FUELING SERVICE SPEC #: NV -FUEL AUTOMATED IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. PRODUCT MUST MEETOR EXCEED THE PERFORMANCE OR CONSTRUCTION DESCRIBED HEREIN THE VENDOR SHALL BE REQUIRED TO MARK COMPLIANCE OR NON-COMPLIANCE TO EACH ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL EQUIPMENT FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER SHALL BE INCLUDED. EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION WITH DATE AS SHOWN IN THE INVITATION TO BID (ITB) SHALL BE NOTED ON THE ATTACHED EXCEPTIONS TO THE SPECIFICATION. IN ORDER TO RECEIVE FULL CONSIDERATION, ITB RESPONSE QUOTATION MUST FOLLOW THIS SPECIFICATION AND THE INVITATION TO BID'S TERMS AND CONDITIONS. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE 5 Fuel Cards Successful vendor shall provide a personal and a vehicle fuel card for each authorized unit at no cost. Any replacement of fuel cards shall be at no cost. The vehicle's fuel card shall be embossed with City of Lubbock name and vehicle number. 5a All personal fuel cards shall require a PIN number entry.- 51b All vehicle fuel cards shall require mileage or hour entry. 5c Vehicle fuel cards shall be programmed only to dispense one — type of fuel, Unleaded or Diesel, depending on engine type. (Except for Fire department) / ✓ 5d A protective cover sleeve shall be furnished for both fuel cards at no cost. Replacement protective cover sleeve shall be replaced at no cost. � 6 Fuel Sites List fuel site address for each fuel sites and type of fuel available, — and any other services available. FLINT AVE & CLOVIS HYWY -- DIESEL, LTNLFHD AND PREMIUM 50TH AND FRANKFORD — DIESEL, UNLEAD AND PREMIUM 37TH & A — DIESEL, UNLEAD AND PLUS'" 83RD & HUDSON — UNLEAD--& PREMIUM 6a Fuel sites shall he well lid at nights. 6b Fuel sites shall be operational 24 hours per day, seven (7) days a week. 6c Fuel sites shall meet all Federal and State regulations. 6d Fuel sites shall have posted emergency contact phone numbers for fuel spills and equipment failure. / PAGE 3 OF 5 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR AUTOMATED FUELING SERVICE SPEC #: NV -FUEL AUTOMATED IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS, PRODUCT MUST MEET OR EXCEED THE PERFORMANCE OR CONSTRUCTION DESCRIBED HEREIN. THE VENDOR SHALL BE REQUIRED TO MARK COMPLIANCE OR NON-COMPLIANCE TO EACH ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL EQUIPMENT FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION WITH DATE AS SHOWN IN THE INVITATION TO BID (ITB) SHALL BE NOTED ON THE ATTACHED EXCEPTIONS TO THE SPECIFICATION. IN ORDER TO RECEIVE FULL CONSIDERATION, ITB RESPONSE QUOTATION MUST FOLLOW THIS SPECIFICATION AND THE INVITATION TO BID'S TERMS AND CONDITIONS. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 7 Fuel System Fuel system shall collect the following information during a Requirements transaction for uploading, reporting and invoicing. Date and time of transaction, City's vehicle number, Vendor's vehicle card number, Vendor's Operator number, Fuel type, Site and pump number, Odometer / hour reading, Gallons dispensed, Cost per gallon, Total cost per transaction ✓ 7a State Tax shall not be charged for off -road vehicles and equipment exempt from State Tax on Unleaded and Diesel fuel purchases. A list of off -road vehicles and equipment will be submitted to successful vendor. i 7b Successful vendor shall submit other security features their fuel system has to assure unauthorized use of fuel dispensing site. / 7c The fuel system shall operate using a two -fuel card system. A vehicle fuel card to identify the vehicle being fuel. And a personal fuel card to identify the operator. 7d Fuel cards reported lost shall be immediate disable at all vendor's fueling sites. 8 Special Fueling Needs The successful bidder shall cooperate and assist the City Of Lubbock in keeping vehicles and equipment fueled during emergencies. The City of Lubbock will take priority over other contracts successful bidder may have during emergency situations. No restrictions on fuel purchases shall apply to the City of Lubbock during emergencies. PAGE 4 OF 5 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR AUTOMATED FUELING SERVICE SPEC #: NV-FtIEL AUTOMATED IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. PRODUCT MUST MEET OR EXCEED THE PERFORMANCE OR CONSTRUCTION DESCRIBED HEREIN THE VENDOR SHALL BE REQUIRED TO MARK COMPLIANCE OR NON-COMPLIANCE TO EACH ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL EQUIPMENT FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION WITH DATE AS SHOWN IN THE INVITATION TO BID (ITB) SHALL BE NOTED ON THE ATTACHED EXCEPTIONS TO THE SPECIFICATION. IN ORDER TO RECEIVE FULL CONSIDERATION, ITB RESPONSE QUOTATION MUST FOLLOW THIS SPECIFICATION AND THE INVITATION TO BIDS TERMS AND CONDITIONS. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE 9 Fuel Pricing Fuel bid price submitted shall include all other fees associated with the cost of fuel. List all other fees that apply. (i.e. delivery, sur-charge, state fees etc.) DELIVERY FEE, SURCHARGES, STATE ENVIRONMENTAL FEE 10 Invoicing Daily invoice for fuel transactions shall be submitted via Internet. Along with the fuel transaction report showing gallons dispensed. l0a Invoice shall have date and number of fuel transactions for each day of charges. Invoice shall list each fuel product dispensed, price per gallon, quantity of gallons dispensed and total for each fuel product. 10b Successful vendor shall furnish fuel reports as request by the City Of Lubbock. Reports shall include information from above and average miles per gallon for each vehicle between each refueling. 10c - Fuel transactions from previous day shall be submitted by 10:00 am each day, via Internet. (Except for ►veekends and holidays) Fuel transactions submitted shall be for a 24-hour period of each single day. l Od Fuel transactions, reports and invoices shall be submitted via Internet to; Fuel@mail.ci.lubbock.tx.us i0e Daily fuel transaction shall be submitted via Internet in ASC 11 format for upload into the city's fuel computer system. Transaction file shall be formatted to city's fuel computer file acceptance format. Data submitted shall include information from item number 8 as stated above. Any re -programming cost to the city's Fuel computer to allow third party fuel transaction upload shall be the responsibility of successful vendor. 1 4 PAGE. 5 OF 5 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR AUTOMATED FUELING SERVICE SPEC #: NV -FUEL. AUTOMATED IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. PRODUCT MUST MEET OR EXCEED THE PERFORMANCE OR CONSTRUCTION DESCRIBED HEREIN. THE VENDOR SHALL BE REQUIRED TO MARK COMPLIANCE OR NON-COMPLIANCE TO EACII ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL EQUIPMENT FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION WITH DATE AS SHOWN IN THE INVITATION TO BID (ITB) SHALL BE NOTED ON THE ATTACHED EXCEPTIONS TQ THE SPECIFICATION. IN ORDER TO RECEIVE FULL CONSIDERATION, ITB RESPONSE QUOTATION MUST FOLLOW THIS SPECIFICATION AND THE INVITATION TO BIDS TERMS AND CONDITIONS. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO lof A monthly fuel transaction report shall be submitted via Internet log Successful vendor shall be able to submit fuel transactions, reports and invoices on paper and diskette if the need arises. 10h Original invoice shall be submitted to the City Of Lubbock's accounting department for payment at; City Of Lubbock Accounting Dept. P.O. Box 2000 Lubbock, Texas 79457 I I Exception to Specification A, FINA OIL ALON USA, LP DBA FINA UNBRANDED PRICE NOTIFICATION- SOUTHWEST LAST UPDATE SENT: 03:55 PM THE PRICE CHANGE WILL TAKE EFFECT AT (6:00 PM) 18:00 PM on 10/20/06 FOR THE FOLLOWING MARKET AREAS: Big Spring, TX U UNL 67 PREM 92 KERO LS NO2 ULS NO2 ULS D 18:00 2480012 .085000- .085000- .002750 .125000- .125000- 10/20/06 1.576500 1.696500 1.80375D 1.666000 1.871500 ae rueirrlcing Page 1 of 2 ConocoPhillips Fuel Prices BENTON OIL CO 3102 CLOViS RD LUBBOCK,TX79415 Fuel prices posted to the BizLink site are provided to customers as a courtesy, and are believed to be accurate at the time they were posted on BizLink. They do not include any applicable taxes that will be charged on the Invoice. Such notices are no substitute for, and are not in modification of, the Price term it your Branded Marketer, Branded Dealer, or Branded Reseller contract with ConocoPhOlips Company. ConocoPhilllps Company is not responsible for customers' failure to receive notices of price changes by electronic media or any other method. Due to periodic administrative issues, the price charged at the time of delivery of product to you may be different than the price noticed here. Further, the prices noticed an SiAink are not guaranteed to be the price that will appear on the invoice. Prompt notification of discrepancies between the price noticed on BlzLink and the price you were charged on the Invoke will expedite resolution of actual errors. Terminal/Exchange Plant Code Effective Date/Time Prev Effective AMAR1ILL0,TX,C0P,ETERH 0301 Supply-Notkg Oct 20 2006 6:OOPM Brand/Destination Product Code Product Price Change New price Prev. Price ConocoPhillips 11257373 #2DSL ULS 15 -4.0000 187.8500 191.8500 Corlocoftlips 11257372 #2DSL ULS 15 D -4.0000 188.3500 192.3500 ConocoPhillips 11267511 #2DSL ULS 15 DP -4.0000 190.3500 194.3500 ConocoPhillips 11267515 #2DSL ULS 15 P -4.0000 189.8500 193.8500 ConocoPhillips 10741992 CONV MID 88 H RVP -2.0000 171.2000 173.2000 ConocoPhiilips 10742WB CONY PRE 91 H RVP -2.0000 177.2000 179.2000 ConoeoPhillips 10742055 CONY REG 86 H RVP -2.0000 166.2000 168.2000 ConocoPhiillps 10742060 CONY REG 86.3 H RVP -2.0000 166.2000 168.2000 Unbranded 11257373 #2DSL ULS 15 -4.0000 188.6500 192.6500 Unbranded 11257372 #2DSL ULS 15 D -4.0000 189.0000 193.0000 Unbranded 10741992 CONY MID 88 H RVP -2.0000 179.7500 181.7500 Unbranded 10742008 CONY PRE 91 H RVP -2.0000 194.7500 196.7500 Unbranded 10742055 CONV REG 86 H RVP -2.0000 164.7500 166.7500 Unbranded 10742060 COW REG 86.3 H RVP -2.0000 164.7500 166.7500 Ar4ARILL0,TX,C0P,ETERM 0303 Supply Noticq Oct 20 2006 12:OOAM Brand/Destination Product Code Product Price Change New price Prev. Price Contract - 0000805555 10741965 JET A-56MB 2.6000 192.8000 190.2000 6d3RGER,TX,C0P,RFYC 035A Oct 20 2006 12:00AM Brand/Destination Cow uct Product Price Change New price Prev, Price Contract - 0000805555 10741963 AVGAS 100 0.0000 205.6000 205.6000 LUB80CK,TX,C0P,ETERM 038N Oct 20 2006 6.00PM Brand/Destination Crrods ct Product Price Change New price Prev. Price ConocoPhiAips 11257373 #2DSL ULS 15 -4.0000 188.9500 192.9500 ConocoPhillips 11257372 #2DSL ULS 15 D -4.0000 189.4500 193.4500 ConocoPhillips 10741992 CONY MID 88 H RVP -2.0000 171.4500 173.4500 ConocoPhiflips 10742008 CONY PRE 91 H RVP -2.0000 177.7000 179.7000 ConocaPhillips 10742055 CONY REG 86 H RVP -2.0000 166.2000 168.2000 ConocoPhiilips 10742060 CONY REG 86.3 H RVP -2.0000 166.2000 168,2000 Unbranded 10741926 #2DSL LS 047 -4.0000 189,6000 193.6000 Unbranded 10741936 #2DSL LS 047 D -4.0000 189.9500 193.9500 htp://bizlink.econocophillips,com/bizlink/pricinginfo/FuelPricing.asDx r I lclinne i. uciJL Lituig Page 2 of 2 Unbranded 10741992 CONY MID 88 H RVP -2.0000 180.0500 182.0500 Unbranded 10742008 CONV PRE 91 H RVP -2.0000 195.0500 197.0500 Unbranded 10742055 CONV REG 86 H RVP -2.0000 165.0500 167.0500 Unbranded 10742060 CONV REG 86.3 H RVP -2.0000 165.0500 167.0500 http:Aizlink.econocophillips.com/bizlink/pricinginfO/FauelPricing,.aspx I i itrin"