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Home My WebLink AboutResolution - 2007-R0003 - Letter Agreement - Rip Griffin Truck Service Center LP- Gasoline And Diesel Fuel - 01_12_2007Resolution No. 2007-R0003 January 12, 2007 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LLTBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Letter Agreement and any associated documents witli Rip Griffin Truck Service Center, LP, of Lubbock, Texas, for the purchase of gasoline and diesel fuel bulk delivery — annual pricing (1TB 06-085-MA), which Letter Agreement and any associated documents are attached hereto as Exhibit A and inade a part hereof for all intents and purposes. Passed by the City Council this 12th day of January , 2007. DAVID AAffLLER, MAYOR ATTEST: ITS Rdbecca GaYza, City Secretary APPROVED AS TO CONTENT: Li If 0&4 1, , I - V, L,,, Vi t r Kilman, e or of Purcli sing and Contract Management APPROVED AS TO FORM: r Don Vandiver, —Attorney of Counsel DDres;[3c»ton0iII UAkrcc07Res Deccmher 27, 2000 P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 January 12, 2007 Rip Griffin Truck Service Center, LP Attn: Don Hayden PO Box 10128 Lubbock, TX 79408 Resolution No. 2007—R0003 January 12, 2007 Item No. 5.11 Office of Purchasing RE: ITB #06-085-MA— GASOLINE AND DIESEL FL+'EL BLILK DELIVERY —ANNUAL PRICING Dear Mr. Hayden: RIP GRIFFIN TRUCK SERVICE CENTER. LP has been awarded the items noted below on the Gasoline & Diesel Fuel Bulk Delivery — Atumal Pricing on your response to the City of Lubbock Invitation to Bid 06-085-MA. 1. 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. Unleaded Gasoline 86 Octane Transport Load 632,000 (al 81.6520 G11 2. Unleaded Gasoline 86 Octane Bobtail Load 44,500 a S1.6820 GL 3. Dyed Diesel 42.0 Centane Transport Load 592,000 (a; S1.9245 GL 4. Dyed Diesel 42.0 Centane Bobtail Load 170,500 (a: S1,9545 GL RIP GRIFFIN TRUCK SERVICE CENTER, LP's bid dated November 8"', 2006 and is incorporated into and made a part of this agreement. 1. Prices: As quoted on Bid Form. 2. All invoices shall be directed to: City Of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 CITY OF LUBBOCK: David A. Ntler Mayor ATTEST: dam, f ebecca Gar City Secretary cc: Bid Folder Vendor File APPROVED AS TO CONTENT: W Victor Kilman Director of Purchasing and Contract Management APPROVED AS TO FORM: c ! A omey 5 ITB #W-085-MA, Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing Resolution No. 2007—R0003 SUBMIT TO: Y Y CITY OF LUBBOCK ` CITY OF EXAS LUBBOCK,� Purchasing &Contract Management 1625 1 P Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER LL #O V—O85—MA TEL: H06.775.2167 FAX: 806.775.2164 bitp:/Ipurehasing.ei.lubbock.tx.us TITLE: SUBMITTAL DEADLINE.: Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing November 8, 2006, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: *q hide received after the rime reeldare hated ahaw. rrg®rdf n.v of&e erode of DELETED ddlveq% shall he returned unrrjrened. RESPONDENT NAME: Rip Grif f in LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, TIRE Truck Serviro renter. T.P CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: IF RETURNING AS A "NO BID". PLEASE COMPLETE AND RETURN THE P.O. Box 10128 "STATEMENT OF NO BID". CITY — STATE -- ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY Ty 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 O: 806-744-2067 ENTER INTO ANY CONTRACT DEEMED TO HE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 806-747-3087 REQUEST PERMITS COMPETITIVE. BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL: orbym@ripgriffin.com LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX ID NO- OR SOCIAL SECURITY NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN 7 5-12 21863 WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE 5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BUDDER 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 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 bid to the above Cum?_ 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 REJECTION. By my signature I certify that this offer is made without prior understanding, agreernenk or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to ail causes of action it may now or hereafter acquire undcz the Anti -taut laws of the United States and the State at Texas for price fixing relating to the particular commudity(s) or service (s) purchased or acquired by the ' of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final paymc�tto vendor. Authori-Ad Sigualure Tifle PDT% L) C all 1 PrintYfype Name f Date' THIS FOR1M :MUST HE CO\7PLE1'ED AtiD RETURNED WITH YOUR RESPONSE. 06-085-MA.doc ITB MOB-085-MA, Gasoline and Dessi Fuel Bulk Delivery - Annual Pricing BID FORM Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing CITY OF LUBBOCK, TEXAS ITS #06-085-MA In compliance with the Invitation to Bid #06-085-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 #06-085-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 TRANSPORT BOBTAIL AUTOMATED MEN! QUANTITY MEASURE DESCRIPTiON LOAD LOAD FUEL SERVICE. 1. 632,000 Gallon Unloaded Gasoline_ NIA NIA R-QcIAN 1.5765 Rack (an 10121' 16) ivtargin . 07 55 Payment Discount (if+rpplicable)• Freight (if applicable) 1.652 TOTAL 2. 44,500 Gallons Unleaded Gasoline MA NIA N Octane 1.5765 Rack (an 10/23106) Margin . 10 5 5 Payment Discount (fapplirvrble)• Freight (f applicable) 1.682 TOTAL 3. 592,000 Gallons #2�- iescl N/A N/A 42-0 Cclane Rack (an 10123/t76) 1.8895 margin Payment Discount (ifopplicable)* .035 Freight (if applicable) TOTAL 1.9245 4. 170.500 Gallons 02 Dyed Diesel N/A NIA az_n Cg4_! -e Rack (an 0123/06) 1.8895 Manlin .065 Payment Discount (ifapplicable)• Freight (if applicable) 1.9545 TOTAL It is understood that additional charges and fees including Federal Stoocrfurn /Clid Spilt Fee. Texas fnxui unmentatiTransQart Feeandl aay applicable taxes will be�aid-by the BUYER. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder infers a prompt payment discount of 0 %, 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 attar the elate of acceptance that meets contract requirements, whichever event incurs later. Discounts for payment in less than ten bays will not he 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 pnxlucts,scrviccs; does not include an clement of prolit on the sale in excess ol'that normally ohtained by the Bidder tan the sale of products, services of like quality and quantity: and does not include any provision for discounts to selling agents. Vat any time during the contract period, the supplier should sell or offer fitr sale to any other customer, an equal or less quantity of' similar contract products 06-085-MA.doc VnLEPO . , DALLAS TX-LONOCO UBa7RFG10 UP89RFGIO UB93RFGIO UPULSDTXA 06 : tZ 0 XPM CHANGE: - 2.00 - 2.00 - 2.00 - 5.55 10/20/oW 'RICE: 158.80 171.30 178.80 183.95 FT WOR -TH TX-CHEV 1.1DWRFG10 UB89RFGIO UB93RFG10 UPULSDTXA o : oo ODM CHANGE: -- 2.45 - 2.45 -- 2.45 - 5.55 10/20/006 PRICE: 165.10 177.60 185.10 184.95 IRVING TX-EXXON UB87RFGIO UB89RFGIO UB93RFGIO UPULSDTXA 06 : 00 WDM CHANGE: - 2.45 - 2.45 - 2.45 - 5.55 10/20/W6 PRICE: 159.30 171.80 179.30 1B3.95 SOUTHUAKE TX VMS UB87RFGIO UB89RFGIO UB93RFGIO UBULSDARP UBULARPDY 06 : 00 PDM CHANGE: - 2.45 - 2.45 - 2.45 - 5.60 -- 5.60 10/20/W PRICE: 180.80 193.30 200. BO 183.20 183.65 Valero - Prices effective at the date and time noted below. Prices are posted net R do not include taxes. If prices are not received every working day, please call Gabriela Ponce at 210--345-2355. ABERNAirHY VMSC UP CON 86 UP CON 88 UP CON 90 UP JET UP ULSD UP ULSDDY 6 : 00 PM CHANGE : - 2.35 - 2.35 - 2.35 - 3.75 - 3.95 - 3.95 10/20/0E PRICE: 166.65 181.65 195.65 191.00 188.45 188.95 AL BUOUERQUE NM UPCN8EE78 UP CON 86 UBCNSSE78 UP CON 86 UBCN91E78 UP CON 91 06 : 00 PDM CHANGE: -- 2.33 - 2.35 - 2.35 - 2.35 - -mac - 5 101201 VAG PRICE: 174.40 170.40 185.40 185. 40 199.40 199.40 ALBUQUEROUE NM UB JET UP ULSD UP ULSDDY 06 : 00 F-•M CHANGE: - 3,75 -- 5.30 - 5.30 10/20/016 PRICE: 193.00 184.31 184.91 AMARILL_O TX VMSC UP CON 86 US CON 88 UP CON 90 US ULSD UP ULSDDY 06 : 00 F• M CHANGE: - 4.60 - 4.60 - 4.60 - 4.35 - 4.35 10/20/VtE PRICE: 163.95 178.95 192.95 185.80 18E.25 EL PASO TX VMSC UBCN8GE78 UP CON 86 UP CON 87 UHCN8BE78 UB CON 88 UPCN91E78 06:00 P M CHANGE: - 2.35 - 2.35 - 2.35 -- 2.35 - 2.35 - 2.35 10/20/06 PRICE: 169.40 163.40 163.40 178.40 178.40 187.40 EL PASO TX VMSC UP CON 91 UP LSD UB LSD2DY 06 : 00 PVI CHANGE: - 2.35 - 3. 71 - 3. 75 10/20/06 PRICE: 162.40 187.10 187.55 DENVER/ QM SC UPCN85E 10 UP CON 05 UPCNB7E 10 US CON 87 UBCN91E 10 UP CON 91 06 : 00 PN CHANGE: +' 1.65 -- 2.35 - 2.35 - 2.15 - 2.35 - 2.35 1012010C PRICE: 1 ESE. 40 162.40 171.65 167.E5 I B4. 20 180.20 DENVER/',VMSC UB ULSD UP ULSDDY iAC : 00 F'IY1 CHANGE : - ;3. 70 -- 3.70 10/20/06 PRICE: 186.05 136.50 FINA OAL ALC7N L1YSH, LY DPA F I NA UNBRANI-DED PRICE NOTIFICATION- SOUTHWEST LAST UPDATE SENT: 03 : 59 PM THE PR710E CHANGE WILL Ti'~KE EFFECT qT QQ00 PM) 18:00 PM on 10/20/06 FOR THEZ FOLLOWING MARKET AREAS: Albuq{_cperque, NM U UNL a7 PREM 91 UNL 66 PREM 91E PREM 91D MID 88 J B :00 11110003 .020000- .020000- .020000- .020000- .020000- . 0`Ilk'l00- 101E01 D6 1.650000 1.770000 1.650000 1. B00000 1.790000 1.710000 A l buc uea rq ue, NM U MID 88E MID 880 UNL BGO UNL 86E NO2 ULS NO2 ULS I] 18:00 J i 10.:;65 .020000- .020000- .020000- .020000- . 050000-- . 050000-- 10 / E0 / 06 1. 74 7500 1.740000 1.700000 1.710000 1. 84'90 00 1.854000 Abilene,, TX U UNL 87 MID 89 PREM 2 NOE ULS NOS: ULS D 18:00 03030036 .050000-- .050000- .050000-- .000000 .0000001 10120/05E, 1.621500 1.664000 1.741500 2.031000 2.034SOO Big Spy - i ng. TX U UNL 87 PPEM 92 KERO LS NO2 ULS NO2 ULS D 1 2V480012 .095000- .085000- .002750 . 125000-- . 125000- 10/20/06 1.576500 1.696500 1. 903 7SO 1.668000 1. 871 SOO E1 Pasw, TX U UNL 87 MID 89 PREM 92 PREM 91 MID 88U UNL 86 18:00 20860062 -015000- .015000- .015000- .015000- .015000- . 015000- 10/c0/06 1.595500 1.640500 1.695500 1.685500 1.640500 1. 575500 E1 Pasc q TX U UNL 86U UNL S60 UNL SSE N0c ULS NO2 ULS D 18:00 0860674 .015000- .015000- .015000- .050000-- .050000.- 10100/BF, 1.595500 1.635500 1.648000 1.968500 1.972000 El Paso, TX U UNL 87T PREM 91T MID 88 MID 88E MID 880 PREM 91LJ 16 : 00 0860587 .015000- .015000- .015000- .015000- .015000- . 01 J000-. 10 / `0 / 0 6 1.635500 1.730500 1.640500 1.703000 1.685500 1.690500 El Paso , TX U UNL 870 MID 890 PREM 91 E PREM 910 PREM 920 MID 89T 18:00 2060331 .015000- .015000- .015000- .015000- .015000- . 015000- 10/`0/0 6 1.635500 1.685500 1.746000 1.730500 1.730500 1.665500 500 Phoenix , AZ U NO2 ULS NO2 ULS D 18 : 00 6390429 .000000 .000000 10 / 20 / 0 6 2.083000 2.088000 Tucson, AZ U UNL 27 UNL 87E UNL 97T NIA` ULS NO2 ULS D 18:00 6:370426 .015000- .015000- .015000- .000000 . 000000 10/E0106 1.575000 1.725000 1.295000 1.830000 1.835000 Wichita Falls, TX U UNL 87 18:00 3 1,90101 . 080cc' 00-- 10120/06 1.625500 Moriarty, rim U UNL 87 18:00 SEA 1066 9 .020000- 10/20/0(- 1.64 00 Mori arty, NM U MID 880 18:00 6650058 . 020000 - 10120/0E 1.742100 PREM 9:3 NO2 ULS NO2 ULS D . 080000-.. . 1 4°_,O00- . 14 =,000- 1 . ' 4`, a00 1.399000 1.9025021 PREM 91 UNL 86 UNL 870 PREM S I O MID Ba .020000-- .020000-- .020000- .020000- .020000--- 1 . 7 02 00 1.632500 1.702500 2500 1.772500 1.612500 UNL 860 NO2 ULS NO2 ULS D .020000- . 1,'I; �0000-- . 0500d001- 1. 682500 1.849000 1,854000 ITB #06-085-MA Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing 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 front the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all 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 Wolfibrth. 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 BYRip Griffin Truck Service Cent:er,LP a corporation organized under the laws of the State of or an individual trading as , or a partnership consisting of of the City of Firm: Rip Griffin Truck Service Center, LP dba Griffin Fuel and Transportation Address: P.O. Box 10128 City: ock M/W HE Firm: State: TX Zip 79408 Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) By d'Date: November $ 2006 Authorized Repre ntativee-- must sign by hand Officer Name and Title: I t7yj Please Print Business Telephone Number 806-744-2067 FAX: 806-747-3087 FOR CITY USE ONLY [aid Form Item Numher(s) Awarded to Above Named Firm/Individual- Date of Award by City Council (jor hids over S25,000): 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. 06-085-MA.doc 3 IT8 006-085-MA, Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #06-085-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. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE Ll The City of Lubbock is seeking written and sealed competitive bids to furnish Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing per the attached specifications. Sealed bids will be received no later than 3:00 p.m. p.m. CST, November 8, 2006, if date/time stamped on or before 3.00 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 #06-085-MA, Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing " 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. L4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT he 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 Purchasing- Manap-er if anv laneuaee. requirements. etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a sinele 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: 06-085-MA.doc 4 ITB #06-085-MA, GAsollne and Diese9 Fuel Sulk Delivery - Annual Pricing Marta Alvarez, Purchasing Manager City of Lubbock 1625 13'' Street Lubbock, Texas 79401 Fax: (806) 775-2 164 RFPDcpot: hqp://www.RFPdcnot.com 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdcpot.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 nubbe 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 http://www.RFPdcyot.com 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. 5 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. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE, SEALED BID TO THF, PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATEITIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVF. 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 Did 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. 4 hid will he suhject to being considered irregular and may be rejected aj it .chows omission, alterations of brm, conditional alternate: bids, additions or alternates in lien q1' the items specified, if the unit prices are obviously unbalanced (either in excess oj'or below macnnahly expected values), or irregularities q ant. kind 'THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 06 085-MA. doc 5 ITB X)S- 5-MA Gasollne and Diesel Fuel Bulk Delivery - Annual Pricing 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 tic 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 firm 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 ITI3 does not commit the City of Lubbock, in any way, to pay iy 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. 7.2 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.l 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 CONFIDENTIAL/PROPRIETARY 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, ctc. that the bidder is or may be required to pay. 06-085-MA.doc 6 ITB #06-085-MA Gasollne and Diesel Fuel Bulk Delivery - Annual Prising 10 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 shalt 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 ofbid. 13.4 In case of tic bids, preference will be given to local bidders. Consistent and continued tic bidding on any commodity could be cause 1br rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 06-085-MA.doc ITB W6-085-MAC Gasdlne and Diesel Fuel Bulk Delivery - Annual Pricing 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. 13.5 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. 13.6 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. 13.7 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 14.1 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 hid 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. 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 06-085-MA_dac 8 iTB #06-085-MA GesdAe and Diesel Fuel Bulk Delivery - Annual pricing 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 trust 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. 18 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. 06-0e5-MA.doc I T8 #05-085-MAC Gasoline and Diesel Fuel Bu* Del{very - Annual Pricing 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within Eve (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 at 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 fug for the duration of the contract. 21.4 The BILL OF LADING shall be delivered with each bulk shipment of fuel. 21.5 Items 1-4 will be 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 he 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 term of one-year, said date of term beginning upon City Council date of formal approval. After completion of the initia I 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 gl'Lubbock is aware of the time and effort you expend in preparing and submitting hide to the City. Please let us know of any hid requirement causing you difficulty in responding to our Invitation to Bid We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should he made approximately two to six weeks after the opening date. 1f :you have any questions, please contact the City o f Lubbock Purchasing Manager at (806) 775-2165. 06-085-MA.&x 10 ITB WG-085-MIL Gasoline and Dlesel Fuel Bulk Delivery - Annual pricing Gasoline and Diesel Fuel Bulk Delivery CITY OF LUBBOCK, TEXAS ITB #06-06-085-MA It. 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): Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK- The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. TYPE AMOUNT 1. Commercial General Liability insurance including coverage for the following: a. Products/completed operations b. Personal injury c. Advertising injury d. Contractual liability f. Fire Damage (any one fire) g. Med Exp ( Any one person) With Environmental Coverage to include accidental discharge Combined single limit for bodily injury and property damage for 1,000,000, per occurrence or its equivalent. The City of Lubbock named as primary additional insured on General Liability. 2. Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: Owned/leased vehicles Combined single limit for bodily injury and property of 1,000„000, per occurrence or its equivalent. b Non -owned vehicles 06-005-MA. doc 11 ITB #08-085-MA, Gaseline and Diesel Fuel Bulk Delivery - Annual Phcdng C. Hired vehicles 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 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 primary 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 bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shalt 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 - Purchasing Manager City of Lubbock 1625 13r° 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. 06-085-MA-doe 12 IrB 006-D MA Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) 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 bid/proposal. nt act' ,ontractor S� ature Co t CONTRACTOR'S NAME: K.r44 !ikz iYW-eze� &c-�- (Print or Type) CONTRACTOR'S ADDRESS: liq 0, 40X, l n 1 zg C.. 44 Id6-09 "4-A f Name of Agent/Broker: Ad-veD/ e [arc e5, �itx • 4z- r x) ,' Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( p 0 1 ) —% 1 rV — 2O 6 O Date: / V O NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 06-085-MA.doc 13 ITB #06-085-MA, Gasollne and Diesel Fuel Bulk Delivery - Annual pncing II. 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. 1 Quantities: 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 fumished are increased, such increase shall be paid for according to the unit prices established for the item. In making its hid 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. 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. No Warranty By The City Against Irtfringements: 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 inflingement 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 attar 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. 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, gills 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 he 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. 06 085 MA.doc 14 ITB #06-085-MA Gasoline and Diesel Fuel Bulk Delivery - Annual prfcing 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 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 employers 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 chenricai bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subcbapter 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.) IQ 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. 1 l Force Majeure: 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 he 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 party'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 Inderrmification: 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 06-085-MA.doc 15 ITB #08-985-MA, Gasoline and Diesel Fuel Bulk Delivery . Annual Pricing 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 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. Is Nonappropriatio_n: 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. 19 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 of Specification: 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. 06-0854AA.doc 16 70 #06-085-MA Gasoline and Diesel Fuel Bulk Delivery - Annual Phcing 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 on this requirement, please complete and return this form prior to date shown for receipt of bid to: Marta Alvarez, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # 06-085-MA for the following reason(s): Specifications too "tight', i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this productJs or equivalent. (If you wish to remain on bidders list for other commodities andlor services, please state particular product and/or service under which you wish to he 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; Contact N Business Telephone Number Internet Address: Company's Internet Web Page URL: 05-085-MA.doc 17 State: Zip, FAX: ITB ON-085-MA, Gasoline and Diesel Fuel Bulk Delivery - Annual pricing 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-rccipients 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: �f ,� ��l6F��1% �i�l.�C1� `CIS 8oVF';Z-k L Signature of Company Official: o0c:0 4 - - Date Signed: !r/ SA9 (0 Printed name of company official signing above: ) G�A) IF 06-085-MA. doc 18 Z ITB. WB-085-MA Gasoline and Diesel Fuel Bulk Delivery - Annual Pricing 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 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. 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 IP Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: R i D Griffin Truck Service Centers_ LP Local Address (must be within the City limits): 5202 4th Street Address of the company's principal place of business within the United States: Lubbock, TX 79416 How many residents of the City of Lubbock are employed at the above business location? 100+ 2. Year your business was established in the City of Lubbock: 1 9 50 r c 3. For transactions that require sales tax, provide the following Reseller information: Ell Reseller Permit Number: 1- 7 5-12 218 6 3--1 Company Name and Address (as it appears on permit): Rip Griffin Truck Service Center, LP Lubbock, TX 79408 Does your business have more than one office in the State of Texas'? — X Yes If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: PO Box 10128 Lubbock, TX 79408 No 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 any of this tax to the City of Lubbock? Y_ Yes __ No Under penalty of perjury, the undersigned slates that the foregoing statements are true and correct It is further acknowledged that any person, firm, corporation or entity intentionally submitting false infunnation to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one year. J /, Authorized Signature: Date: Z, S1,O Y"` Printed Name and Title: 06-085-MA.doc 19 PAGE 1 OF 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC II: NV -FUEL BULK IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. THE PRODUCT SHALL 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 SERVICES FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER OR VENDOR SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION AS SHOWN IN THE INVITATION TO BID (IT$) 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 General Provide fuel service of Unleaded and #2 Dyed Diesel fuel for the City of Lubbock fuel sites, various City Departments and emergency generators. Bid will be awarded on an "All or None" basis. Successful bidder shall provide and maintain above ground fuel tanks and dispensing equipment at Land Application fuel sites. Monitor and maintain fuel levels at various City Department fuel tanks on a weekly basis. Fuel quantities are based on historic usage and may vary more or less. Bid will be awarded "all or none" and up to 3 annual renewals. Unleaded Fuel 632,000 gallons Transport load, estimated annual usage. 44,500 gallons Bobtail load, estimated annual usage. Unleaded fuel orders will be ordered on an as needed basis. Unleaded fuel shall have a minimum octane rating of 86 based on the Research Octane Number (RON) and the Motor Octane Number (MON), (R+M)/2 method. Unleaded fuel shall comply with all Federal and State regulations. X 2 Dyed Diesel Fuel 592,000 gallons #2 Dyed Diesel Fuel, Transport Load, estimated annual usage. 170,500 gallons #2 Dyed Diesel Fuel, Bobtail Load, estimated annual usage. #2 Dyed Diesel fuel orders will be ordered on an as needed basis. #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. X Fuel Delivery Bulk fuel shall be delivered to various City department locations Requirements with fuel storage tanks and emergency generators. including a mobile fuel truck, the City of Lubbock Landfill in North Lubbock and Abernathy Texas, Both Land Application sites located in Lubbock and Wilson, Texas and Lake Alan Henry located by Justiceburg Texas. Fuel deliveries may require transport or bobtail load deliveries. See list of various City of Lubbock I'm[ storage tank locations. All fuel deliveries shall follow federal and State regulations for each delivery. Successful vendor shall deliver fuel during any State or local emergency. X N. PAGE 2 OF 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC 9: NV- FUEL BULK IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS, THE PRODUCT SHALL MEET OR EXCEED THE PERFORMANCE OR CONSTRUCTION DESCRIBED HEREIN. TILE VENDOR SHALL BE REQUIRED TO MARK COMPLIANCE OR NON-COMPLIANCE TO EACH ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL SERVICES FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER OR VENDOR SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION 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 BUYS TERMS AND CONDITIONS. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE 4 Fuel Orders Fuel orders shall only be accepted from Fleet Services Parts Department personnel. Fuel orders placed before 9:00am Monday thru Friday shall be delivered the same day. Fuel orders placed after 9:00am may be delivered the following day. Emergency fuel orders shall be delivered within two (2) hours of request. Fuel orders may range from 50 gallons to 9,000 gallons. Fuel order quantities will be determined by actual department needs. All fuel quantities stated herein are historic usage. All fuel orders will be ordered on an "as needed basis". Fuel orders of 5,000 gallons or more shall be considered a transport load_ X Safety Requirements 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. Successful bidder shall be responsible for any cost that is incurred as a result of a fuel spill due to negligence or equipment malfunction. Successful bidder shall submit a copy of their spill containment policy. X Fuel Tank Gauging All fuel deliveries to underground storage fuel tanks shall be manually stick level gauged before and after fuel deliveries are made. Stick level gauge readings shall be recorded on invoices. Bobtail fuel truck deliveries shall be metered and a meter ticket shall be submitted along with the invoice. X Special Delivery 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 or deliveries shall apply to the City of Lubbock during emergencies. X r. PAGE 3 OF 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC #: NV- FUEL BULK IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. THE PRODUCT SHALL MEET OR EXCEED THE PERFORMANCE OR CONSTRUCTION DFSCRI13ED HEREIN. THE VENDOR SHALL BE REQUIRED TO MARK COMPLIANCE OR NON-COMPLIANCE TO EACH ITEM DESCRIPTION IN THE SPACE PROVIDED. ALL SERVICES FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER OR VENDOR SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION 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 Fuel Invoice Fuel invoices shall be priced out and must have a purchase order number, name of storage location and fuel tank number. Purchase order numbers will be assigned at the same time fuel orders are placed. Transport loads shall have a bill of lading or manifest attached to each invoice. Invoices shall be delivered to Fleet Services Parts Department for processing. Successful bidder shall mail an original invoice to the City of Lubbock Accounting Department P.O. Box 2000 Lubbock, Texas 79457 for payment. X 9 Daily flack 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. X 10 Fuel Pricing Fuel bid price submitted shall reflect all other fees associated with the cost of fuel. List out all other fees that apply. (i.e. delivery, sur-charge, state fees etc.) Fees as noted on bid form X 11 Department Fuel Successful bidder shall fumished and completely install 1 - 1,000 Tanks gallon above ground fuel tank and 1 -3,000 gallon above ground fuel tank with fuel dispenser at the Land Application site located on Fast 19"' Street in Lubbock, Texas, and 2- 1,000 gallon above ground fuel tanks with fuel dispenser at the Land Application site in Wilson Texas. Vendor shall be responsible far any other items or services needed for installing fuel tanks and dispensing equipment. Vendor shall maintain fuel tanks and dispensing equipment during the full term of the contract. A Keyed fuel dispensing monitoring security system shall be installed at both Land Application sites fuel for each fuel tank. X PAGE 4 OF 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC #- NV- FUEL BULK PP IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. THE PRODUCT SHALL 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 SERVICES FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER OR VENDOR SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION AS SHOWN IN THE INVITATION TO BID (ITB) SHALL BE NOTED ON THE ATTACHED EXCEPTIONS TO THE SPECIFICATION. IN ORDER TO RECEIVE FULL CONSIDERATION, rTB RESPONSE QUOTATION MUST FOLLOW THIS SPECIFICATION AND THE INVITATION TO BID'S TERMS AND CONDITIONS. NO. ITEM MINIMUM RFQUIREMENTS SELLER COMPLIANCE 12 Dispensing Key System Successful bidder shall install a fuel key authorizing system for all four fuel tanks located at both Land Application site. x 13 Department Fuel Tank Successful bidder shall monitor and top off all fuel tanks for Service unleaded and #2 Dyed Diesel fuel at Land Application Lubbock site, both Landfills in Lubbock and Abernathy, Texas, Water Reclamation Plant, and Water Treatment plant. x 14 Material Safety Data Successful bidder shall provide latest material safety data sheet Sheet (MSDS) for both unleaded and #2 Dyed Diesel. x 15 Manifest! Meter A loading manifest ticket shall be sent with the invoice for all Ticket transport load deliveries. A printed meter ticket for bobtail deliveries shall be sent with invoice. x a PAGE 5 OF 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC #: NV -FUEL BULK MOTOR FUEL STORAGE TANK LOCATIONS The following is a current list of locations, subject for modification. Location Fuel Grade # of Tanks Capacity Load -Type Municipal Hill Unleaded Fuel 2 15,000 gals. Transport 600 Municipal Drive #2 Dyed Diesel Fuel 1 15,000 gals. Transport South Site Unleaded Fuel 2 20,000 gals. Transport 84"' & Ave. P #2 Dyed Diesel Fuel 1 20,000 gals. Transport Airport Maintenance Unleaded Fuel 2 6,000 gals. Transport Facility 5900 North Walnut #2 Dyed Diesel Fuel 1 6,000 gals. Transport Lubbock Landfill #2 Dyed Diesel Fuel 1 8,000 gals Bobtail 6500 North Ave. P Lubbock/Abernathy Landfill #2 Dyed Diesel Fuel 1 5,000 gals. Bobtail Hwy. 597 & Hwy. 2528 Unleaded Fuel 1 2,000 gals. Bobtail Water Reclamation #2 Dyed Diesel Fuel 1 500 gals. Bobtail East 37'h & Guava Water Treatment Plant #2 Dyed Diesel Fuel 1 500 gals. Bobtail 6001 N. Guava Lubbock Cemetery #2 Dyed Diesel Fuel 1 500 gals. Bobtail 2011 East 34`h Unleaded Fuel 1 250 gals. Bobtail Land Application Lubbock Unleaded Fuel 1 1,000 gals. Bobtail 4602 East 19" #2 Dyed Diesel Fuel 1 2,000 gals Bobtail Land Application Wilson #2 Dyed Diesel Fuel 1 1,000 gals. Bobtail 547 County Rd. X Lake Alan Henry #2 Dyed Diesel Fuel I 500 gals. Bobtail Justiceburg, Tx Unleaded Fuel 2 500 gals Bobtail Street Department #2 Dyed Diesel Fuel 1 500 gals. Bobtail 502 North 1-27 ., o PACE 6 of 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC #: NV -FUEL BULK Emereency Generators Sites The following is a list of emergency generator sites, subject for modification. Location Fuel type Tank Capacity Load Type Radio Tower @ 7400 University #2 Dyed Diesel Fuel 60 gals. Bobtail Radio Tower @ 302 Municipal Drive #2 Dyed Diesel Fuel 150 gals. Bobtail Backup Generator @ 915 Texas Avenue #2 Dyed Diesel Fuel 1,000 gals. Bobtail Pump Station @ 4404 Brownfield Drive #2 Dyed Diesel Fuel 50 gals. Bobtail Pump Station @ 6401 Southeast Drive #2 Dyed Diesel Fuel 50 gals. Bobtail Pump Station @ 301 Hartford #2 Dyed Diesel Fuel 50 gals. Bobtail Pump Station @ 8602 County Road 27 #2 Dyed Diesel Fuel 50 gals. Bobtail Pump Station @ 9717 Avenue P #2 Dyed Diesel Fuel 50 gals. Bobtail Pump Station @ 4400 Clovis Road #2 Dyed Diesel Fuel 50 gals. Bobtail Backup Generator @ 7000 Guava #2 Dyed Diesel Fuel 500 gals. Bobtail Backup Generator @ 6001 Guava #2 Dyed Diesel Fuel 1,000 gals. Bobtail Backup Generator @ 3020 Guava #2 Dyed Diesel Fuel 1,000 gals. Bobtail Pump Station @ 2V' Drive #2 Dyed Diesel Fuel 1,500 gals. Bobtail & Brownfield Hwy Startup Generator cr 3500 E_ Staton Hwy #2 Dyed Diesel Fuel 500 gals. Bobtail Startup Generator @ 602 Rr. Mun. Drive #2 Dyed Diesel Fuel 2,000 gals. Bobtail Backup Generator @ Airport Control #2 Dyed Diesel Fuel 1,000 gals. Bobtail Tower Backup Generator @ Airport Shop #2 Dyed Diesel Fuel 6,000 gals. Bobtail Facility Airport Main Terminal @ Gates 6 & 7 #2 Dyed Diesel Fuel 475 gals. Bobtail Fleet Services rri? 206 Municipal Drive #2 Dyed Diesel Fuel 100 gals. Bobtail Civic Center't 1501 6" Street #2 Dyed Diesel Fuel 500 gals. Bobtail Coliseum (Id 2720 Drive of Champions #2 Dyed Diesel Fuel 500 gals. Bobtail PAGE 7 OF 7 DATED: CITY OF LUBBOCK MINIMUM SPECIFICATIONS For UNLEADED AND #2 DYED DIESEL FUEL SPEC #: NV- FUEL BULK IT IS THE INTENT OF THIS SPECIFICATION, REFERENCED DOCUMENTS, REQUIREMENTS AND CONDITIONS SECTIONS TO DESCRIBE MINIMUM PERFORMANCE REQUIREMENTS. THE PRODUCT SHALL 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 SERVICES FURNISHED AS STANDARD TO THE GENERAL PUBLIC ON THE PRODUCT BY THE MANUFACTURER OR VENDOR SHALL BE INCLUDED, EVEN WHEN NOT SPECIFICALLY IDENTIFIED IN THIS SPECIFICATION. ANY DEVIATIONS FROM THE WRITTEN SPECIFICATION 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 COMPLIANCF. YES ND Exception to Specification