HomeMy WebLinkAboutResolution - 2019-R0458 - Pro Petroleum - 12/17/2019 Resolution No. 2019-RO458
Item No. 6.3
December 17, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 15048 for Bulk Unleaded and Diesel
Fuel Services as per RFP 20-15048-MA, by and between the City of Lubbock and Pro
Petroleum, LLC, of Lubbock, Texas, and related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on December 17,29 19
DANIEL M. POPE, MAYOR
ATTEST:
i
i
Rebe ca Garza, City Secr tary
APPROVED AS TO CONTENT:
D. BIu Kost Lich, Chief Financial Officer
APPROVED AS TO FORM:
K Ili Leisure, Assistant City Attorney
ccdocs:'RES.Contract 15048 Bulk Unleaded and Diesel Fuel Services
December 2,2019
Resolution No. 2019-RO458
CITY OF LUBBOCK, TEXAS
RFP 20-15048-MA
Bulk Unleaded and Diesel Fuel Services
This Service Agreement (this"Agreement") is entered into as of the 4day of �� _2019
("Effective Date") by and between Pro Petroleum, LLC, (the Contractor), and the City of Lubbock (the
"City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 20-15048-MA, Bulk Unleaded and Diesel
Fuel Services.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Advertising and
Marketing Services, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City
and Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A -General Requirements
3. Exhibit B Proposal
4. Exhibit C Price Proposal--- Best and Final Offer
5. Exhibit D Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B, C and D attached hereto.
Article 1
1.1 The contract shall be for a term of one year with the option of four, one-year extensions, upon
written approval from both parties. Initial term of the contract is January 1, 2020 through December
31, 2020. A price redetermination may be considered by the City each year of the contract. All
requests for price redetermination shall be in written form, shall be submitted a minimum six
months prior to anniversary date and shall include documents supporting price redetermination
such as Manufacturer's direct cost, postage rates, Railroad Commission rates, Federal/State
minimum wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc.
The City reserves the right to accept or reject anyr'all of the price redetermination as it deems to be
in the best interest of the City. If agreement cannot be reached,the contract is terminated at the end
of the current contract period. All stated annual quantities are approximations of usage during the
time period to be covered by pricing established by this bid. Actual usage may be more or less.
Order quantities will be determined by actual need.
Price Reduction- If during the life of the contract,the vendor's net prices to its customers for the
same product(s) and/or services are reduced below the contracted price, it is understood and
agreed that the City shall receive such price reduction. Order quantities will be determined by
actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and
resulting contract. The Contractor must maintain the insurance coverage required during
the term of this contract including any extensions. It is the responsibility of the
Contractor to ensure that valid insurance is on file with the Purchasing and Contract
Management Department as required by contract or contract may be terminated for non-
compliance.
1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement,whatsoever,without prior consent of the City.
1.3 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non-appropriation of
funds by the City Council of the City of Lubbock for the goods or services provided under
the Agreement, the City will terminate the Agreement, 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 Agreement is spent,
whichever event occurs first. If at any time funds are not appropriated for the continuance
of this Agreement, cancellation shall be accepted by the contractor on 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 Agreement beyond the date of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock,Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided
to the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set
forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to,this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should
consent be given, the Contractor shall insure the Subcontractor or shall provide proof of
insurance from the Subcontractor that complies with all contract Insurance requirements
document,this provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor
unless agreed upon in writing by the parties. In the event of conflict between these terms
and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the
final terms agreed upon by the parties, and any prior conflicting terms shall be of no force
or effect.
2.13 Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is
between a governmental entity and a company with 10 or more full-time employees; and
(2) has a value of$100,000 or more that is to be paid wholly or partly from public funds of
the governmental entity. (b) A governmental entity may not enter into a contract with a
company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
2.14 SB 252 prohibits the City from entering into a contract with a vendor that is identified by
The Comptroller as a company known to have contracts with or provide supplies or
service with Iran, Sudan or a foreign terrorist organization.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBO C T CTOR
BY:
Daniel M. Pope, Mayor Authorized Representative
�6ATTEST: a7!91C-X Ma V'\
Print Na e
RWK
ebe a Garza, City Secretary 4� a -�
} Address
APPROVED AS TO CONTENT: I �•�� 1 f
Cityy, State,,Zip Code i �p
Marta rez,Director of Purchasing and
Contra anagement
APP �,VED AS TO 'ORM
Kelli Leisure, Assistant City Attorney
-----INTENTIONALLY LEFT BLANK-----
EXHIBIT A
CITY OF LUBBOCK,TEXAS
RFP 20-15048-MA
Bulk Unleaded and Diesel Fuel Services
II. GENERAL REQUIREMENTS
1 INTENT
a. The Request for Proposals (RFP) process and the performance of the requested services will be in
accordance with the guidelines and regulations of the FTA "Third Party Contracting Guidelines",
FTA Circular 4220.1 F,and all other applicable federal, state and local laws and regulations.
b. The City of Lubbock and Citibus are soliciting competitive sealed proposals from highly experienced
and professional contractors for the purchase and delivery of bulk fuel-gasoline.
c. Interested Contractors are to provide various pricing and delivery methods for the annual supply as listed
under Section 2,Annual Fuel Requirements, for City fleet vehicles and Citibus transit buses. Quantities
are estimated based on the best available information,and the total gallons are not guaranteed.
d. Contractor will supply bulk gasoline and diesel fuel upon demand. Offeror must be able to supply either
branded or unbranded Unleaded Gasoline, Biodiesel(5 &20),No. 2 Dyed Diesel,and No. 2 Clear Ultra
Low Sulfur Diesel(15 ppm).Fuel must comply with all federal and state regulations.
e. The RFP is an invitation to submit an offer, which may be subject to subsequent discussions and
negotiations by the City and the Offeror. It is not a request for a competitive bid.
f. The City reserves the right to award to more than one Contractor. The City's decision will be based
upon the ability of the primary source to supply acceptable goods or services within the City's time
requirements.
2. ANNUAL FUEL REQUIREMENTS(annual estimated usage)
a. Ethanol (10%)
i. 1,012,600 gallons transport load
ii. 38,900 gallons bobtail load
iii. Unleaded fuel is ordered on an as needed basis.
b. Red Dye Diesel
i. 697,000 gallons transport load
ii. 103,750 gallons bobtail load
iii. Dyed Diesel fuel orders are currently ordered on an as needed basis.
c. Clear Ultra Low Sulfur Diesel
i. 513,100 gallons transport load
ii. 88,540 gallons bobtail load
iii. Clear Ultra Low Sulfur Diesel fuel orders are currently ordered on an as needed basis.
iv. Citibus and the City will be considering using both 135 and 1320. Approximate quantities would
be 30%-85 and 70%-B20.
v. Biodiesel: Biodiesel shall be soy-diesel and shall meet ASTM D-6751 standards. Biodiesel
producers shall be BQ-9000 accredited. Biodesel will be ordered at the discretion of Citibus
EXHIBIT A
and the City. Biodiesel may or may not be used over the period of the contract or may be used
from time to time depending on circumstances such as weather,cost, etc. Biodiesel will be listed
as a separate item on each invoice and shall be identified and billed as Biodiesel.
d. All petroleum products delivered under the provisions of this contract by Contractor shall meet or
exceed refinery approved pipeline specifications for product delivered to Lubbock, Texas. The City
reserves the right to test fuels at any time for specification compliance. Costs for tests shall be borne by
the Contractor in the event product fails to comply. Such failure shall result in Contractor's prompt
removal of failed product, using vendor's own equipment, at no cost to the City,within twenty-four(24)
hours of notification. Acceptable fuel shall immediately replace noncompliant fuel based on the quantity
of unsuitable fuel originally delivered to a given location at no charge for the entire shipment.
Violations of specification requirements may give the City cause to cancel and rebid the entire contract
and shall be a consideration of future awards.
3. DELIVERY LOCATIONS AND TANK SIZES
a. The Fuel Storage Tank Locations,estimated trips per year and load type are listed on Exhibit A,as
attached.
b. Contractor shall furnish and completely install:
i. Three 500-gallon above ground fuel tanks with fuel dispenser at the Lake Alan Henry site
located near Justiceburg,Texas;
ii. One 1,500-gallon above ground fuel tank with fuel dispenser at the Land Application site
located on East 19th Street in Lubbock,Texas;and
iii. One 1,000-gallon above ground fuel tank and one 2,000-gallon above ground fuel tank with fuel
dispenser at the Land Application site in Wilson,Texas.
c. Contractor shall be responsible for any other items or services needed for installing fuel tanks and
dispensing equipment, and shall maintain fuel tanks and dispensing equipment during the full term of the
contract.Contractor is responsible for installing and maintaining an EPA approved device for containing
fuel spills. Contractor shall furnish fuel the generator sites on as needed bases.
d. The City reserves the right to close, add or discontinue any fuel site or any fuel product at anytime
without penalty.
e. For more information on the delivery locations,including site tour,please contact the Purchasing office.
4. BULK UNLEADED AND DIESEL FUEL SERVICES PRICING AND CONTRACT TERM
On the Proposal Form, please propose the following pricing and delivery methods:
a. Firm Fixed Price Proposal.
b. The contract shall be for a term of one year with the option of four, one-year extensions, upon written
approval from both parties. Initial term of the contract is January 1, 2020 through December 31, 2020.
i. A price redetermination may be considered by the City each year of the contract. All requests
for price redetermination shall be in written form, shall be submitted a minimum six months
prior to anniversary date and shall include documents supporting price redetermination such as
Manufacturer's direct cost, postage rates, Railroad Commission rates, Federal/State minimum
wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc. The City
reserves the right to accept or reject anyWl of the price redetermination as it deems to be in the
best interest of the City.
ii. If agreement cannot be reached,the contract is terminated at the end of the current contract
period. All stated annual quantities are approximations of usage during the time period to be
EXHIBIT A
covered by pricing established by this bid. Actual usage may be more or less. Order quantities
will be determined by actual need.
iii. Price Reduction-If during the life of the contract,the vendor's net prices to its customers for
the same product(s)and/or services are reduced below the contracted price, it is understood and
agreed that the City shall receive such price reduction.
5. FUEL ORDERS
a. Contractor shall accept fuel orders only from Fleet Services Department and Citibus personnel. Routine
fuel orders placed before 9:00 am Monday thru Friday shall be delivered the same day; fuel orders
placed after 9:00 am shall be delivered the following day.
b. Fuel orders may range from 50 gallons to full-transport load. Fuel order quantities will be determined by
actual department needs. All fuel orders will be ordered on an "as needed basis". Fuel orders of 6,000
gallons or more are considered a transport load.
c. Fuel product delivery will be based on a schedule that best meets the City's fuel usage pattern and
operational requirements. The Contractor will coordinate with the City to develop an optimal fuel
delivery schedule.
d. The City will contact the Contractor fuel orders using a designated e-mail address. This email must be
confirmed by the Contractor that they have received the fuel order within the hour of receipt. The
Contractor shall provide email address to the City of Lubbock's Fleet Services Department for this
purpose. At a minimum, e-mail provided by the City and Citibus shall include the following
information: Fuel Site Location; Tank Number; Product; Maximum Quantity; and Date & Time of
Delivery.
e. Quantities shown on fuel orders placed by the City are maximum quantities. Deliveries are not to
exceed ordered quantities and create unauthorized split loads.
6. DELIVERY
a. Preferred delivery will be accepted at the Municipal Hill and South Side sites sites at 6:45 a.m. If
delivery is going to be late,the Fleet department representative needs to be notified immediately.
b. Time of delivery of other sites will be based on site and individual order instructions.
c. Delivery sites are closed to City vehicles and equipment while fuel delivery occurs.
d. The Contractor's truck driver shall leave at each location after a delivery is made a copy of the calibrated
loading rack meter ticket or Bill of Lading, which shall include the signature of a City or Citibus
employee.
e. Extreme care must be taken to avoid spills. The fuel delivery truck must be attended at all times during
fuel deliveries to any fuel storage location. Fuel deliveries must follow all federal and state safety
regulations. Contractor shall be responsible for any cost that is incurred as a direct result of a fuel spill
due to negligence or equipment malfunction of Contractor. Contractor shall submit a copy of their spill
containment policy.
f. Product receipt quantities for net gallons(gross gallons corrected or adjusted based on temperature)shall
be determined by the following methods:
i. Calibrated loading rack meter tickets for less than full transport load or bobtail load truck
deliveries.
EXHIBIT A
ii. Railcar/Tank Bill of Lading for full transport load truck deliveries
g. Samples and Testing
L Water and Contaminants - A City or Citibus representative shall have the option to take
samples of every load of fuel delivered and test for water and contaminants. If a sample is
judged unacceptable, the delivery will be refused and the Contractor will be required to
provide another delivery within 24 hours.
ii. Compliance—The City and Citibus reserves the right to draw samples from delivery tankers
or from the Citibus storage tanks to verify compliance with the Citibus fuel specifications.
Tests will be completed by an independent laboratory. if a sample tested reveals any non-
compliance,the Contractor will be notified immediately. The costs to have the fuel removed
from the Citibus and the City's storage facility, as well as all costs incurred for any required
tank cleaning and for test evaluations.The Contractor will have five(5) days to comply with
the specifications or the contract will be canceled. The contractor will be responsible for cost
differences in fuel where Citibus is required to purchase fuel from another source.
h. Contingency Plan
i. Contractors shall include in their proposal, their specific plan of action regarding cost and
delivery should conditions affect cost and availability of products.
L Emergency Delivery
i. The Contractor shall work with the City to develop alternative interim fuel delivery
solutions in the advent of a natural disaster or other emergencies that may disrupt normal
fueling operations. The Contractor shall provide the City with a 24-hour emergency contact
number. No restrictions on fuel purchases or deliveries shall apply to the City during
emergencies; however,deliveries are subject to availability of supply.
j. Contractor shall provide latest material safety data sheet (MSDS) for all types of fuel ordered and
delivered.
k. In addition to the delivery of fuel,the Contractor must be able to work with the City to provide solutions
to the following challenges:
i. Develop a fuel delivery schedule that meets fuel consumption requirements and optimizes
all bulk pricing discounts.
ii. Develop a reconciliation process to resolve significant discrepancies that may occur between
the Contractor's recorded fuel volume and the City's recorded fuel volume.
iii. Develop hazardous waste spill and emergency procedures.
iv. Work with City personnel to facilitate the processing and reconciliation of all supporting
documents (i.e., bill of lading, invoice, fuel purchase price, fuel price, data i.e. OPIS for
price comparison).
7. INVOICING
a. Invoices must include the following:
i, Invoice number and date.
ii. items listed individually by the written description.
iii. Unit price,extended, and totaled.
EXHIBIT A
iv. Billed quantities shall be adjusted as for full transport loads.
v. Name of storage tank location,and fuel tank number.
vi. Requesting department employee name and "ship-to"address.
vii. Loading manifest ticket/Bill of Lading for full transport load deliveries, or printed meter ticket
from delivery truck for bobtail loads or less than full transport load deliveries.
viii. Payment terms
b. Contractor shall submit monthly invoice for the City and Citibus deliveries to:
COL Fleet Services Department
Attn: Fleet Services Bookkeeper
P.O. Box 2000
Lubbock,Texas 79457
Phone 806-775-2178
Fax 806-775-3085
Citibus
Attn: Chris Mandrell
Citibus
P.O. Box 2000
Lubbock,Texas 79457
Fax 806-767-2393
c. Advance payments are not authorized.
d. The City requires the Contractor to reconcile, and resolve significant discrepancies or variances
greater than 1.1 % that may occur between the Contractor's invoiced fuel volume and the City's
recorded fuel volume. Fuel storage tanks at the Airport Maintenance Facility,Municipal Hill,and South
Site are currently monitored by Veeder-Root TLS-350 tank management systems. The City currently
uses Veeder-Root TLS delivery reports to reconcile delivered quantities shown on the Contractor's
invoice for these delivery locations.
8. EVALUATION CRITERIA
a. Each proposal will be evaluated and the contract awarded on the basis of the following criteria:
i. Price (50 points). Proposer's best pricing to enable the City to improve budget accuracy each
fiscal year and to help control the annual fuel budget.
ii. Supply(20 points). Adequate resources for supplies.
iii. Prior Experience(15 points). Proposer's Qualifications and Company History
iv. Delivery (10 points). Proposer's ability to supply and deliver fuel on regularly scheduled
delivery days and times as well as experience with fixed price physical delivery.
v. Fuel Measurement and Reconciliation (5 points). Proposer's reconciliation process to resolve
significant discrepancies that may occur between the Contractor's recorded fuel volume and the
City's recorded fuel volume.
9. PROPOSAL FORMAT AND CONTENTS REQUIREMENTS
Failure to provide the required information with the Proposal may automatically disqualify the Proposal
from consideration for award.
Proposals must be submitted on 8.5 x 11" white paper, using a simple method of fastening. They
should be typed, and a lengthy narrative is discouraged. To provide for comparability between
EXWII3IT B PROPOSAL A4
PRD
PETROLEUM
408 South 43rd Ave Phoenix AZ 85009
Phone(877)791-4900 Fax(949)282-1106
SUPPLY CONTRACT
Fuel Purchaser. City of Lubbock Contact Person: Marta Alvarez
Address: 162513th Street Email: malvarez m #ubbock.us
City/State/Zip: Lubbock Texas 79401 Product: Bulk Unleaded and Diesel Fuel Services
Phone: 806-7758-2572 Dates Valid: Jan 01,2020-Dec 31,2020
City of Lubbock and Citibus Fuel and
Fax 806-775-2184 Purpose Trans rt Services
Email:
In response to your purchase inquiry above,Pro Petroleum,LLC("Pro')is pleased to submit this Contract which will be valid for the dates listed above.
Your emcution below and return of the same to us,on or before the deadline listed above shall indicate your agreement to the terms and
conditions of this Contract and the Provisions of Agreement,attached twerto as FjhtMtg and incorporated herein by this reference
(Collect!".the"Agreement")
In the event Fuel Purchaser borrows equipment from Pro Petroleum,Inc.,such ban of equ:pmern shall be memorialized and documented
by an Equipment Loan Agreement,attached hereto as MAWR FR F.and incorporated herein.
Product Quantity Price Delivery Location
SEE EXHIBIT C FIXED PRICE PROPOSAL
ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE
The attached Fbaed Price Proposal shall be for a term on one year with the option of four,one-year extensions,upon written approval from
troth parties. A price redetermination may be considered by the City each year of the contract
TERM OF AGREEMENT IJanuaV 1,2020 th;—Wgh DeCernber 31,2020
PAYMENT TERMS:jNd 10
GENERAL PROVISIONS.
1. Effective Date: The"Effecthre Date"of this Agreement shall be the date deliveries comm,notwithstandrig the
date of wincution by the parties.
2. Entire Agreemerd. This Agreement constitutes the entire agreement between the parties relating to the subject
matter hereof and can only be revised or amended in writing,signed by both parties.
Thank you for this oommt ilio fn supply your fuel product needs
City of Lubbock
PRO PETROLEUM,LLC.
FUEL PURCHAS A TEXAS CORPORATION
SIGNATURE RIC LY11E-V.P _U'
Daniel M. Pope //• ,
PRINTED NAME Daniel M. Pope
DATE
MAYOR
TITLE Mayor OFFICER SIGNATURE
December 17 2019 [ 1 1
DATE DATE
RWWW CW9: WIW
ORIGINAL Exhibit B
CITY OF LUBBOCK,TEXAS
RFP 2045048-MA
Bulk Unleaded and Diesel Fuel Services
TO: City of Lubbock
The Honorable Daniel M. Pope
Mayor
City Hall
162513M Street
Lubbock, TX 79401
RE: Bulk Unleaded and Diesel Fuel RFP 20-15048-MA
By submitting a proposal to the City, the Proposer agrees that it shall constitute a firm
irrevocable offer to the City that Proposer shall not withdraw or modify without the City's
approval for 90 days after the proposal due date. Proposer agrees that even if the City
negotiates or makes a counter offer to Proposer on original Proposal or any subsequent
Proposal submitted by Proposer to the City. Proposer hereby grants to the City, in the City's
sole discretion, the unconditional right for the City to accept Proposer's original Proposal and
the City's negotiation or counter offer shall not be deemed to be a counter offer.
Proposer certifies that Proposer has provided the City with written notice of all ambiguities,
conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFP,the
Instructions to Proposer,the General Requirements, Proposal Form, and any other document.
By executing a Contract with the City, Proposer certifies that Proposer communicated to City all
ambiguities, conflicts, errors or discrepancies that it has discovered in the RFP, the Instructions
to Proposer's, the General Requirements, Proposal Form, and any other document and that
written resolution thereof by the City as embodied in the final Contract is acceptable to
Proposer.
Please list any exceptions to General Requirements in the RFP:
Item 1 segment c: Volume shall be plus or minus ten percent(10%).
In compliance with the RFP we will not accept a partial bid, we will only agree to an"all or
nothing" bid.
Item 2 segment d. Test shall be provided by a third party certified laboratory mutually agreed by
both parties.
Item 3 segment b. Pro Petroleum currently delivers to the locations list in the RFP and there is
already tanks provided.
Item 7 segment b- Invoices will be sent on a continual basis as fuel is delivered. The delivery
date will serve as the invoice date.
Item 7 segment d-We cannot agree to segment"d"due to the fact that we do not have custody
or control of the facility. Since the locations have Veeder-root monitoring we can work together
to isolate and resolve discrepancies or variances.
Contingency Plan
Pro Petroleum has served the Lubbock and surrounding areas for over 20 years
specializing in bulk fuel marketing and distribution. Pro maintains its own fleet of trucks and has
regularly provided delivery of bulk gasoline and diesel fuel for government contracts and
municipalities for over a decade. For over a decade Pro Petroleum has been the primary vendor
for the City of Lubbock fuel site. Pro Petroleum operates its own fuel terminals, own fleet of
trucks, and has its own employees to service all needs of this bid including; sales teams,
dispatchers, transportation managers, drivers, billing and finance departments. On top of that,
Pro Petroleum has its own fuel supply of both diesel and gasoline that can service all of these
sites at any time no matter the obstacles.
Pro Petroleum's most unique and distinctive advantage is our ability to store the City's
fuel at our terminal for their use only. Therefore, if there is a major fuel shortage, or any other
related issue we can assure The City of Lubbock fuel will be available given our ability to house
this fuel in a separate account at our fuel terminal. On top of that, with the fixed price formula
provided through the bid The City of Lubbock is provided the most cost efficient price do to Pro
Petroleum's ownership of pipeline space to ship fuel, ownership of one of only two fuel
terminals in Lubbock, and operation of its own fleet of trucks. These advantages provide use the
ability to keep all cost in house and use our own resources keeping any additional cost at a
minimum.
Pro Petroleum will be providing an email group where The City of Lubbock can receive
&verify pricing, place and track orders check payment status, verify quantities delivered, and
confirm receipts. On top of that, 2417, 365 day service will be provided when placing orders,
tracking orders and verifying quantities delivered. Pro Petroleum will provide invoices, delivery
receipts along with any other necessary documents through the email group. Furthermore, The
City of Lubbock will be provided multiple toll free numbers to contact Pro Petroleum regarding
orders, deliveries and any additional information.
Pro Petroleum has a fleet of multiple transportation vehicles to assist in the event of an
emergency or natural disaster including but not limited to; fire, theft, technical difficulty,
workforce problems, equipment failure or other disruption of business. We are in a unique
position to assist The City of Lubbock and our other regularly serviced municipalities and
government locations as we have ownership of one of the only two fuel terminals in Lubbock
which means that we will have fuel available as well as our own fleet on demand in the event of
a natural disaster or significant shortage. In a catastrophic event based on availability of
equipment, damages, and or impaired roadways we will operate at full capacity until the area has
been cleared of the remains of a natural disaster. While our bobtail is already capable of mobile
fueling our transports can be converted effortlessly in the event of an emergency by simply
changing out a delivery hose this will allow our fully loaded transport(s) to remain stationary to
assist with mobile fueling operations in multiple locations required by any municipality until
there assistance is no longer required.
Pro Petroleum's ability to operate a large fleet of trucks and drivers provides us the
ability to service numerous locations across the state at the same time. The capabilities of our
drivers, sales teams, and dispatch team help us operate smoothly across numerous regions across
West Texas 2417, 365 days a year. Our team that has been together for over 25 years help us
accommodate every obstacle in the business and because of that our service has been awarded
across the State of Texas, making us a leader in our industry. Specifically, with this bid we will
all work hand and hand to bring The City of Lubbock the best service you can find.
We have several drivers experienced with the delivery locations, along with several
dispatchers and transportation mangers that know what to expect when it comes to delivering to
The City of Lubbock sites.
These individuals will work around the clock for the duration of the contract. We
currently have 50 drivers, 5 dispatchers, 3 terminal operators, 3 sales team members and whole
billing department and finance department dedicated to serve you 100%of the time.
Pro Petroleum LLC
Pro Petroleum has served the Lubbock and surrounding areas for over 20 years
specializing in bulk fuel marketing and distribution. Pro maintains its own fleet of trucks and has
regularly provided delivery of bulk gasoline and diesel fuel for government contracts and
municipalities for several years. For over a decade Pro Petroleum has been the primary vendor
for the City of Lubbock fuel sites. The team at Pro Petroleum is the most experienced with this
contract given its long standing relationship with the City of Lubbock and its team.
Our marketing team, transportation team and billing team have worked hand and hand with the
City of Lubbock on the contract for at least the last 9 years forging a strong partnership that
continues to grow. These relationships have helped both Pro Petroleum and the City of Lubbock
become familiar with each other's billing procedures, delivery methods and any additional scope
of services, resulting in very few significant discfepancies. Our back office software as well as
our fuel terminal software provides us with precise fuel volumes and reconciliation records that
keep all things with the contract running efficiently. Specifically, both Peter Alcantar and
Dominic Esperat have worked with us on coordinating fuel deliveries for all locations over the
past few years making the process seamless.
Additional references are attached for similar scope of services for Army Air Force Exchange
Services and Maricopa County Equipment Services on the next page.
Pro Petroleum LLC
Criminal Background
1. No convictions
2. No indictments pending for any offenses
3. No investigations within the last five years
Pro Petroleum LLC
Pro Petroleum is willing to enter into a contract consistent with the terms herein.
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
I.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in I aw or equity.
Each shipping container shall be clearly and permanently marked as follows(a) Seller's time and address, I$TERMINATION.The performance of work=der this order maybe temsinatedin whole,or in pan by the
(b)Consignee's name,Address and purchase order or purchase release number and the supply agreement number Buyer in accordance when this provision. Termination of work hereunder shill he effected 65r the delivery
if the container Container number end total number of containers,e.g box 1 of 4 boxes,mrd(d)the number of the Seller of a"Notice of Termination'specifying the extent to which Mrformanee of work under the
of the container bearing the packhngshp.Seller shall bear cost of packaging unless otherwise provided.Goods order is terminated and the date upon which such termination becomes effective.Such right Or termination is
shall be suitably packed to secure lowest transportanon coats and to conform with requirements of common in addition to and not in lieu of the rights of Buyer set forth in Clause 14,herein.
carriers and any applicable specifications Buyer's taunt or weight shall be final and conclusive on shipments
not accompanied by packing lists. 16-FORCE MAIEURE Neither party shall be held responsible for losses.resulting if the fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller as not authorized w ship the goods under of any teras or provisions of this contract is delayed or prevented by any cause not within the control of the
reservation and no lender of a bill of lading will operate as a under of goods. parry whoa performance is interfered with.and which by the exerust of reasonable diligence said parry is
WSW*to prevent
3.TITLE AND RISK OF LOSS. The tido and risk of loss of the goods shall not pass to Buyer until Buyer 17 ASSIGNMENT-DELEGATION No right or interest in this contract shall be assigned or delegation of
actually receives and takes possession of the goods at the point or points of delivery any obligation made by Seller without the written permission of the Buyer. Any attempted asslgnme it or
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every under of delivery of goods must fully comply delegatioriby Seller shall be wholly void andtotally ineffective for all purpose unless made in conformity with
with dl provisions ort his contract as to time or delivery,quality and the like. Vo tender is made which does not this paragraph.
fully conform,this shall constitute a breach and Seller shall not have dee right to substitute a conforming tender, 18.WAIVER No claim or right arising out of a breach of this contract can be discharged in whole Orin part
provided,where the time for performance has not yet expired the Seller may reasonably notify Buyer of his by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
intention to cute and may Hien make a conforming tender within the contract time but not oftervrard.
cansiderationand is in waling signed by the aggritvtdparry.
5.114VOICES&PAYMENTS-a S e I I e r shall submit separate invoices,in duplicate.one each purchase 19 INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
order or purchase release after each delivery Invoices shall indicate the purchase order or purchase release performance provided by Buyer in :is advertisement for bids, and any other documents provided by
number and the supply agreement number of applicable. Invoices shall be itemized and transportation charges, Seller as pan of his bid.is untended by the parties As A final expression of their agreement and intended also
if any,shall be listed separately A copy of the bill of lading,and the freight waybill when applicable,should as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the
be attached to the invoice Mail To:Accounts Payable,City of Lubbock,P..O.Box 2000,Lubbock,Texas Uniform Commercial Code is used In this agreement,the definition contained in the Code is to control.
79457 Payment shall not be due until the above instruments are submitted after delivery.
6.GRATUITIES. The Buyer may,by"run notice to the Seller,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.Whereever
Seller if it is determined by Buyer that gratuities,in the form of entena hment,gifts or otherwise,were offeted the term"Uniform Commercial Code-is used,it shall be construed as meaning the Uniform Commercial
or given by the Seller,or any agent or reprewntanvt of the Seller,to any officer or employee of she City of Code As adopted to the State of Texas as Mcclive and in force on the dateof this agreement.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 21 RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to questian
amending,or the making of any determinations with respect to the performing or such a contract In the event the oder parry's intent to perform he may demand that the other party give written assurance of his intent to
this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other perform. In the event that a demand is made and no assurance is given within five(5)days,the demanding
Fights and remedies,to recover or withhold the amount of the cost incurred by Sella in providingsuch gratuities. party may treat this Failure as an m(ripstory repudiation of the contract.
7,SPECIAL TOOLS&TEST EQUIPMENT. IF the price stated on the face hereof includes the cost of any 22.INDEMNIFICATION.Seller shall indemnify,keep and save harmless the Buyer,its agents,officials and
special cooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees,against all Injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments.Dosis
such special[coling equipment and sty process sheers related thereto shall become the property of the Buyer and expenses,which may in anywise accrue against the Buyer in consequence of the granting of this Contract
and to the extent feasible shall be identified by the Seller as such, or which may anywise result therefrom,whether or not it shall be alleged or determined that the an was
8.WARRANTY-PRICE-a The price to be pad by the Buyer shall be that contained in Seller's bid caused through negligence or omission of the Seller or its employees,or of the subSeller or assignee or its
which Seller wanants to be no higher than Seller's current process an orders by others for products of the kind employees,if any.and the Seller shall,at his own expense,appear,defend and pay all charges of amomeys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs and other expenses arising therefrom of incurred in connection therewith,and,if anyjudgmenr
of purchase. In the event Seller breaches this warranty,the pricy of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its ova expenses,satisfy and
Seller's cvtreahs prices On orders by others,or lin the alternative Buyer may cancel this contract without discharge the same Seller expressly understands and agrees that any bond required by this contract,or
liability to Seller for breach or Seller's actual expense b.The Seller warrants that no person or selling agency otherwise provided by Seller,shall in nc,way limit the responsibility to indemnify,keep and save harmless
has been employed or retained to solicit or secure this contract upon an agreement Or understanding for and defend the Buyer as herein prov.ded
commission,percentage,brokerage,or contingent fee excepting bona fide employees of bona fide established 23.T]ME. It is hereby expressly agreed and understood that time is or the essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,and failure by contract to meet the lime specifications of this agreement will cause Seller to
vicnathan of this warranty Me Buyer shall have the right in addition to any other right of rights to cancel thio be in default of this agreement
contract without liability and to deduct from the contract price,or otherwise recover without liability and to
deduct from the contract price or otherwise recover the full amount of such commission,percentage.brokerage 24.MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent its, pursuant to this request,mrroriry and women business enterprises will be afforded equal opportunities to
submit bids`n response to this irhvitmion and will nor he discriminated against on the grounds of race.color,
9 WARRANTY-PRODUCT Seller shall not limn[or exclude any implied warranties and any attempt to do sex or natural origin in consideration for an awardr
sec shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished wil:
conform to the specification,drawings,anddescnptnonshsied In thebid invitation.and to the sample(s)fumished 25.NON-ARBITRATION.The City reserves the Fight to exercise any right or remedy to it by low,contract.
by the Seller,if any N the event of a conflict or between to specifications,drawings,and descriptions the equty,or otherwise.Including without limitation,[fie right to seek any and all Toms of relief in a court of
spec[fucations shall govem.Notwithstanding any provisions contained in the contractual agreement,the Sel:er EunMcent jurisdiction Further,the City shall not be subject to any athitraioo process prior to exercising
represents and warrants fault-free performance and faun-free result in the promising date and date totaled data is wrestricted righrm seek judicialremedy.The remediessel forth herein tie cumulative and mol exclusive,
(including,but not limited to calculating,comparing and sequencing)of all hardware,software and firmware and may be exercised concurrently.To the extent oranyconflict between this provision and another provision
products delivered and services provided under this Contract,individually or in combination,as the case may in.Or related to this document,this provision shall contrOL
be from the effective date of this Contract The obligations contained herein apply to products and services 26.RIGHT TO AUDIT At any time Minns the term of the contralti,or thereafter,the Cary,or a duly
provided by the Seller,is sub-Seller or any turd parry involved in the creation or development of the products auth:srized audit representative of the City or the State of Texas,at is expense and at reasonable times.
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves the right to audit Contractor`s records and books relevant to all services provided to the City under
obligations contained herein,may result in the City of Lubbock availing itsalr Of any of is rights under the this Contract. In the event such an audit by the City reveals any errors or overpayments by the City,
law and under this Contract including,but not limned to,is right pertaining to termination or default The Contractor shall refund the City the full amount of such overpayments within thirty(30)days of such
warranties contained herein are separate and discrete from any other warranties specified in urs Contract. audit findings,or the City or its option.reserves the right to deduct such amounsowing the City from any
and are not subject to any disclaimer of warranty,implied Or expressed,or limitation of the Seller's ErM.1ty, payments due Contractor
which may be specified in this Contract,its appendices,lits schedules.:is annexes or any document incorporated
in this Contract by reference. 27.HOUSE BILL 2015 House Bill 2015,signed by the Governor on lune 14,2013 and effective on January
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to she standards 1,2u14,authorizes a penalty to be imposed On A person who contract,for certain services with a governmental
entity and who fails to properly classify the:r workers This applies to subcontractors as well.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of I99c. In the subcontractors who fail to properly classify individuals performing work under a governmental contract will bt
event the product does not conform to OSHA standards,Buyer may return the product for correction Of penalized 5200 for each individual that has been misclassified.(Texas Government Code Section 2155.001).
replacement a the Seller's expense. N the event Seller fails to make the appropriate correction within a
reasonable time,correction made by Buyer will be at the Seller's expense. 29.ASSIGNING OR SUBLETTING THE CONTRACT,The Contractorshalb not assign or sublet the contract,
air any portion of the contract,without wrimen consent from the Director of Purchasing and Contract
11 NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pat of this contract for salt Seller Management.Should consent be given,the Contractor shall insure the Subcontractor or shall provide proofan
agrees to ascertain whether goods manufactured in accordance with the specifhcationsamached 10 this agreement im race from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no
warranty that the production of goods according to the specification will not give rise to such a claim,and in no 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295,adopted by the 94th
event shall Buyer be liable to Seller for indemnif cation in the event that Seller is sued on the grounds of Legislature,created 12252 909,Texas Government Code.Section 2252 9D9 requires a business entity entering
infringement of the like. If Seller is of the opinion that an infringement or the like will result,he will notify the into certain con[ntts with a governmental entity or state agency to file with the govemmental entity or arae
Buyerto thiseffect lin writing vnthintwo weds after the shgningofdhis agreement If Buyer does not receive agency a disc'.0sure of interested parties at the tine die business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller vii-1 save Buyer harmless. If governmental entity or state agency. Instructions for completing Form 1295 Are available at
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in hmhoWwww ci Iubbock tx denanmentel-websitesjdeoatn mts/ourebasinelvendor4nformo6on
Infringement or the like,the contract shall be null and void 3a,CONTRACTOR ACKNOWLEDGES,by supplying any Gaols or Services that the Contractor has read,
12 NON APPROPRIATION All funds for payment by the City under ti's contract are subject to the fully understands,and will be in lull compliance with ell terms and conditions and the descriptive material
availability oral annual appropriation for this purpose by the City. In the event of nonappropnatnon of funds contained herein and any additional associated documents and Amendments.The City disclaims shy terms and
by the City Council of the City of Lubbock for the goads or services provided under the contract,the City will conditions provided by the Contractor unless agreed upon in writing by the parties In she event of eonBnct
terminate the contract,without termination charge or other Inabnl:ry,on the last day of the then-currant fiscal between these terns and conditions and my terms and conditions provided by the Contractor,the tetras and
year or when the appropriation made for the then-currenl you for the aaods orservices covered by thi scontract cnndilic a provided herein s`all prevail. The terms and conditions provided herein are the final terms agreed
is spent,whichever event occurs first. If at any mine funds are not appropriated for to rrntinuance of this upon by the parties,and any prior conflicting terms shall be of no Force or effect
cantmct,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure to give 7'.By accepting this PO,contractor acknowledges that pursuant to Section 2270.002 of the Texas Government
such notice shall be of no effect and the City shall not be obligated under th's contract beyond the date of Code,Respondent certifies that either(i)it noes an exemption criteria under Section 2270.OD2,or(ii)it does
lertnmstion.
mol boycott Israel and con I not boycott larsel during the term of the contract resulting From this solicitation
13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting. Respondent 3hal'slate airy facts that make it exempt from the boycott ccnifrcation in its Response.
them.
14.CANCELLATION- Buyer shall have the right to cacti 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 or commis acs of bankruptcy Such right of cancellation is in addition to and not in
Rev.06119
Pro Petroleum LLC
If a spill occurs Pro Petroleum will perform a cleanup in accordance with EPA and State
of Texas guidelines and requirements.
Pro Petroleum LLC
Delivery and Quality: Fuel Quality
In Lubbock, Texas Pro Petroleum owns and operates its own fuel products terminal that
adheres to a quality assurance program of sampling and testing that assures product integrity. On
a daily basis our terminal personnel sample the product that meets certifications of analysis. Each
test performed by terminal personnel provides data that includes API gravity, sulfur content,
flash point, cetane index, and distillation along with analysis properties. Due to this quality
assurance program Pro Petroleum has had no fuel quality issues over the past 24 months. If the
customer fills there is a fuel quality issue we have testing procedures and lab sampling we can
provide on a need to be basis.
Pro Petroleum LLC
Offer: Pro Petroleum LLC
47104 TH Street
Lubbock,Texas 79416
Mark Griffin, President 17.5%Ownership
4710 0 Street
Lubbock,Texas 79416
BunkerHill Holdings LLC 82.5%
5508 Lonas Drive
Knoxville,TN 37939
Pro Petroleum Contacts:
Contract Contact: Betty Catherman, CFO
1.806.796.5725
Fuel Marketing'Contact: Houston Patterson
1.806.796.5746
Transportation Services Contact:Wayne Barron
1.806.796.5742
Best and Final Offer
PRICE PROPOSAL
The pricing structure includes eight(8)cost categories. The Contractor cannot modify, change or increase the Total
Delivered Firm Price per Gallon for the initial term of the contract. Prices must be stated in four(4) decimal places
(10 ten thousandths).
For evaluation purposes only, use the average net price published in the OPTS Daily Report for Lubbock, Texas..
July 31, 2019. The firm fixed delivered price per gallon for the duration of the initial contract term shall be
determined using the average net price published in the OPIS Daily Report for Lubbock, Texas, on the date specific
Offeror enters in Category 1.
Offeror shall state in date specific to be used for the average net price per gallon published in the OPIS
Daily Report for Lubbock, Texas, for fuel delivery beginning January 1, 2020. For evaluation purposes
only, use the average net price published in the OPIS Daily Report for Lubbock, Texas, for July 31, 2019.
The firm fixed delivered price per gallon for the duration of the initial contract term.
Item Fuel Load Firm Price Trade Name of fuel
Per Gal offered
I Ethanol (10%) Transport $
1.8405 Unleaded E10%
2 Ethanol (10%) Bobtail
1.8405 Unleaded E10%
3 Red Dyed Diesel Transport
2.0780 Red Dyed Diesel
4 Red Dyed Diesel Bobtail
2.0780 Red Dyed Diesel
5 Ultra Low Sulfur Diesel—B5 Transport
(15ppm) 2.0780 Ultra Low Sulfur Diesel-135
6 Ultra Low Sulfur Diesel—B5 Bobtail
(15ppm) 2.0780 Ultra Low Sulfur Diesel-135
7 Ultra Low Sulfur Diesel—B20 Transport
(15ppm) 2.0480 Ultra Low Sulfur Diesel-135
8 Ultra Low Sulfur Diesel—B20 Bobtail
(15ppm) 2.0480 1 Ultra Low Sulfur Diesel-135
** If proposing a different fuel type include the price and product specifications.
Trade name of fuel offered
Please note:All biodiesel fuel will conform to ASTM-D6751 standards as amended.
Due to winter weather concerns and typical fuel cold flow performance, Pro recommends the City of
Lubbock not purchase bio diesel blends with a bio diesel content greater than 5 percent by volume
from Oct 16th through April 1st.
Exhibit C Price Proposal
LUBBOCK, TX 2019-07-31 10.00:07 EDT
**OPiS CONTRACT BENCHMARK FILE`*
**OPIS GROSS CBOB ETHANOL(10%) PRICES** 9.0 RVP
Move
Terms Unl Move Mid Move Pre Move Date Time
Alon b 1-10 189.92 + 2.00 -- -- -- -- 211.92 + 2.00 07/30 18:00
PSX b 1-10 190.19 + 2.20 205.34 + 2.20 223.78 + 2.20 07/30 18:00
PSX u N-10 198.30 + 2.25 213.30 + 2.25 231.55 + 2.25 07/30 18:00
Valero b 1-10 189.70 + 1.80 204.95 + 1.80 223.45 + 1.80 07/30 18:00
Valero u N-10 203.65 + 2.75 223.65 + 2.75 253.65 + 2.75 07/30 18:00
LOW RACK 189.70 204.95 211.92
HIGH RACK 203.65 223.65 253.65
RACK AVG 194.35 211.81 228.87
BRD LOW RACK 189.70 204.95 211.92
BRD HIGH RACK 190.19 205.34 223.78
BRD RACK AVG 189.94 205.15 219.72
UBD LOW RACK 198.30 213.30 231.55
UBD HIGH RACK 203.65 223.65 253.65
UBD RACK AVG 200.98 218.48 242.60
CONT AVG-07/31 194.35 211.81 228.87
CONT LOW-07/31 189.70 204.95 211.92
CONT HIGH-07/31 203.E5 223.65 253.65
LUBBOCK, TX
LOW RETAIL 225.80
AVG RETAIL 237.90
LOW RETAIL EX-TAX 187.23
AVG RETAIL EX-TAX 199.33
LUBBOCK, TX 2019-07-31 10:00:07 EDT
**OPIS CONTRACT BENCHMARK FILE**
**OPIS GROSS SPECIALTY DISTILLATE PRICES**
Move
Terms JET Move MARINE Move Date Time
PSX b N-10 216.88 - 8.78 -- -- 07/30 00:01
LOW RACK 216.88 - --
Exhibit C price Proposal
HIGH RACK 216.88 -
RACK AVG 216.88 -- --
BRD LOW RACK 216.88 -- --
BRD HIGH RACK 216.88 -- --
BRD RACK AVG 216.88 -
CONT AVG-07/31 216.88 - --
CONT LOW-07/31 216.88 -- --
CONT HIGH-07/31 216.88 -- --
LUBBOCK, TX 2019-07-31 10:00:07 EDT
**OPIS CONTRACT BENCHMARK FILE**
'00PIS GROSS WHOLESALE 85 SME BIODIESEL PRICES**
ULS ULS2 Move
Terms N0.2 RD Date Time
Alon b 1-10 199.30 -- -- 07/30 18:00
Cenex b 1-10 196.88 197.28 07/30 18:00
PSX b 1-10 200.69 201.20 07/30 18:00
PSX u N-10 206.80 207.30 07/30 18:00
Valero b 1-10 199.95 200.30 07/30 18:00
Valero u N-10 208.05 208.40 07/30 18:00
LOW RACK 196.88 197.28
HIGH RACK 208.05 208.40
RACK AVG 201.95 202.90
BRD LOW RACK 196.88 197.28
BRD HIGH RACK 200.69 201.20
BRD RACK AVG 199.21 199.59
UBD LOW RACK 206.80 207.30
UBD HIGH RACK 208.05 208.40
UBD RACK AVG 207.43 207.85
CONT AVG-07/31 201.95 202.90
CONT LOW-07/31 196.88 197.28
CONT HIGH-07/31 208.05 208.40
Copyright, Oil Price Information Service
Exhibit D
CITY OF LUBBOCK,TEXAS
RFP 20-15048-MA
Bulk Unleaded and Diesel Fuel Services
III.INSURANCE
SECTION A. Prior to the approval of this contract by the City,the Contractor shall furnish a completed Insurance Certificate to
the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and
termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated
thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the
contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based
upon changes in statutory law,court decisions,or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City,
the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at
Contractor's sole expense,insurance coverage written by companies approved by the State of Texas and acceptable to the City,in
the following type(s)and amount(s):
TYPE AMOUNT
1. Worker's Compensation Statutory
OR
Employers Liability $500,000
2. Commercial General(public)Liability insurance including coverage for the following:
a. Premises operations Combined single limit for
b. Independent contractors bodily injury and property
c. Products/completed operations damage of$1,000,000 per
d. Personal injury occurrence or its equivalent.
e. Advertising injury
f. Contractual liability
3. Comprehensive Automobile Combined single limit for
Liability insurance,including bodily injury and property
Coverage for loading and unloading of$1,000,000 per occurrence
hazards,for: or its equivalent.
a. Owned/leased vehicles
b. Non-owned vehicles
c. Hired vehicles
4. Pollution Liability General Aggregate$1,000,000
The City of Lubbock shall be named an additional insured with a waiver of subrogation in favor of the City on all
coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is
being supplied.Copies of the endorsements will be required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and
may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages,and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance
will contain and state,in writing,on the certificate or its attachment,the following required provisions:
a. Name the City of Lubbock and its officers,employees,and elected representatives as additional insureds,(as the interest
of each insured may appear)as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation,nonrenewal,or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by
the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations
within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance
is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior
the change,which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez,Director of Purchasing and Contract Management
City of Lubbock
1625 131 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.
EXHIBIT E TO SUPPLY CONTRACT
PROVISIONS OF AGREEMENT
The fallowine terms and conditions are incorporated into and form an integral vart of the Supply Contract to which the
are attached with the same being collectively referred to as the"Agreement",as provided therein.
1. TAXES. Fuel Purchaser shall be responsible for any and all taxes arising from or related to the transactions contemplated
by this Agreement, including but not limited to, all domestic and foreign taxes and duties now or hereafter imposed directly or
indirectly: (i) on fuel products purchased by Fuel Purchaser hereunder and (ii) on the production, manufacture, transportation,
purchase,sale,use or handling of such fuel products,of any material contained in such fuel products,or of any material from which
such fuel products are wholly or partly refined or manufactured. Upon receipt of any invoice, bill or assessment related to such
taxes or duties,Fuel Purchaser shall promptly and timely pay the same.
Z. INDEMNITY. To the extent permitted by applicable law, Fuel Purchaser hereby agrees to defend, indemnify and hold
harmless Pro Petroleum, its parent, subsidiaries, affiliates and related companies, and the partners, officers, directors, members,
employees and representatives of any of the foregoing, from and against any and all liabilities, claims, liens, damages, fines or
penalties, losses,judgments, costs and expenses (including attorney's fees and court costs),of whatever kind or nature and in any
manner directly or indirectly arising out of, in connection with or resulting from (i) any breach of this Agreement or the
performance of its obligations under this Agreement by Fuel Purchaser,an employee of Fuel Purchaser or anyone acting under Fuel
Purchaser's direction or control or on its behalf,(ii) the negligence(whether active or passive) of Fuel Purchaser, an employee of
Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf,and(iii)the willful misconduct of Fuel
Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, it being
understood that Fuel Purchaser's obligations hereunder shall not apply to liabilities caused by the sole or gross negligence or willful
misconduct of the indemnified party. Pro Petroleum may participate in any investigation or defense of any claim or action
hereunder and may,at its option,notwithstanding the foregoing indemnity,elect to conduct any investigation or litigation regarding
a claim for which it is indemnified hereunder through counsel of its own choosing and expense. This indemnification shall survive
the expiration or termination of this Agreement.
3. MANNER OF PAYMENT; DEFAULT IN PAYMENT. All payments hereunder shall be made by Fuel Purchaser in
U.S.dollars,without discount,deduction or offset of any kind,and in accordance with the other terms of this Agreement. If at any
time, in Pro Petroleum's opinion, Fuel Purchaser's creditworthiness becomes impaired or otherwise unsatisfactory, Pro Petroleum
may; (i)suspend or terminate this fuel supply and or delivery agreement,(ii) require that Fuel Purchaser make only cash payments
for products hereunder and/or(iii) provide such security, as Pro Petroleum determines necessary or desirable, for Fuel Purchaser's
payment and performance under this Agreement. Upon Fuel Purchaser's failure to timely pay any amount due to Pro Petroleum
hereunder, such amount shall (iv) accrue interest at the rate of eighteen percent (18%) per annum or the maximum interest rate
allowed by law, whichever is greater. The accrual of interest on such amounts shall not prejudice any other remedies available to
Pro Petroleum under this Agreement or applicable law.
4. RATABLE LIFTING. If the term of this Agreement extends beyond one(1) calendar month, the following terms and
conditions shall apply:
Liftin • Volume Tolerance: Fuel Purchaser shall lift all monthly quantities of fuel purchased under this Agreement by the
end of each calendar month, on a ratable basis and (ii) during each calendar month of the Term, the actual monthly volume
("AMW)of fuel lifted by Fuel Purchaser shall be within ten percent(10%).
5. CAPACITY—ABILITY TO PERFORM. If Pro Petroleum determines, in its sole discretion,that its ability to perform
under this Agreement is significantly impaired or impractical,as to one or more products,for any reason whatsoever, upon written
notice to Fuel Purchaser, Pro Petroleum shall be relieved of any and all obligations hereunder(as to such product or products). In
such event,Pro Petroleum shall not be liable for any claims,damages or liabilities resulting from or in any way related to a delay in
delivery, or non-delivery, of product to Fuel Purchaser. Nothing in this Section 5 shall be construed to extend the Term of this
Agreement or to relieve Fuel Purchaser of its obligation to(i)pay for product actually delivered or(ii)otherwise perform under this
Agreement.
Fuel Purchaser's Initial
6. FORCE MAJEURE. Pro Petroleum's failure to perform any term or condition of this Agreement as a result of conditions
beyond Pro Petroleum's reasonable control, including,but not limited to,Acts of God,natural disaster or severe weather conditions,
war, strikes, riots, picketing or other labor troubles or disputes, malicious mischief, civil commotion, the inability to procure
materials, shortages, government restrictions, power failures,the damage, destruction or malfunction of any network facilities or
servers, performance failures of third parties upon which Pro Petroleum may rely in its performance hereunder, and the total or
partial failure of transportation facilities customarily available to Pro Petroleum,shall not be deemed a breach of this Agreement.
7. LIMITED WARRANTY AND LIMITATION OF DAMAGES. BEYOND THE BASIC DESCRIPTION OF THE
PRODUCT BEING SOLD TO FUEL PURCHASER UNDER THIS AGREEMENT, PRO PETROLEUM MAKES NO
WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, CONDITION,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT BY OR ANY OTHER MATTER
RELATING TO THE PRODUCT. FUEL PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS
LIMITED WARRANTY SHALL BE REPLACEMENT OF THE NONCONFORMING PRODUCT. IN ANY EVENT, PRO
PETROLEUM SHALL NOT HAVE ANY RESPONSIBILITY TO FUEL PURCHASER FOR INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OR
ANTICIPATED PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE,
PURCHASE, USE, PERFORMANCE OR NONCONFORMANCE OF PRODUCT HEREUNDER. TO THE EXTENT
PERMITTED BY LAW, THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED OR IMPAIRED IF THE REMEDY
PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE.
8. FUEL PURCHASER'S INSURANCE. If Fuel Purchaser, its agents,employees or contractors,will at any time during
the Term of this Agreement pick up product purchased hereunder at any terminal,transload site,or other premises owned, leased or
operated by Pro Petroleum, Fuel Purchaser shall execute Pro Petroleum's approved Terminal Access Agreement and provide all
insurance coverages required therein.
9. NOTICE. All notices or other communication herein required or permitted shall be in writing and given by personal
delivery or sent by (i) registered or certified mail, return receipt requested, postage prepaid, (ii) facsimile or (Iii) nationally
recognized overnight courier service,addressed to the respective party as set forth on the first page of the Agreement(unless written
notice of change thereof is provided). Notice shall be deemed given on the earlier of(i) actual receipt,(ii)three(3)business days
after deposit in the U.S.Mail,(iii)the date of facsimile delivery/receipt confirmation,or(iv)the first business day after deposit with
an overnight courier. Any notice or communication not received because of change of address, without notice to the other party
thereof, or refusal to accept delivery, shall be deemed received on the date of attempted personal delivery or on the date, as
indicated above,for other permitted methods of delivery.
10. SEVERABILITY. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity
of any other provision. If any provision of this Agreement is held to be invalid,the Parties agree that the remaining provisions shall
be deemed to be in full force and effect as if they had been executed by both parties subsequent to the removal of the invalid
provision.
IL NO WAIVER. The fai lure of either party to this Agreement to insist upon the performance of the terms and conditions of
this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as
subsequently waiving any such terms and conditions,but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
12. GOVERNING LAW. This Agreement shall be governed by, construed, and enforced in accordance with the law of the
State of Texas.
13. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to
the extent incorporated in this Agreement.
14. MODIFICATION OF AGREEMENT. Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized
representative of each party.
Fuel Purchaser's Initial _ 2
is. ASSIGNMENT OF RIGHTS. The rights of each party under this Agreement are personal to that Party and may not be
assigned or transferred to any other person,firm,corporation,or other entity without prior,express,and written consent of the other
Party.
16. COUNTERPARTS. This Agreement may be executed in any number of counterparts,each of which shall be deemed to
be an original,but all of which together shall constitute but one and the same instrument.
17. COMPLIANCE WITH LAWS. In performing under this Agreement, all applicable governmental laws, regulations,
orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both Parties.
I8. ATTORNEY'S FFES. In any action to enforce or defend this Agreement, the prevailing party shall be entitled to an
award of its reasonable attorneys' fees and costs associated therewith.
Fuel Purchaser's Initial �V1/� 3
INTERLOCAL PURCHASING
J
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 Form in the space provided below if he/she will honor Political Subdivision
orders in addition to orders from the City of Lubbock.Should these other governmental entities decide to
participate in this contract, would you (the offeror) agree that all terms, conditions, specifications, and
pricing would apply?
Other governmental entities that might have Interests in this contract are FrensLlp 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 WolRorth.
YES x-Add Texas Tech NO
• If you(the offeror)checked YES,the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result of this solicitation.All purchases by governmental entities other than the City
of Lubbock will be billed directly to that governmental entity and paid by that governmental
entity. City of Lubbock will not be responsible for another governmental entity's debts. Each
governmental entity will order their own materialstservice as needed.
THIS IS SUBMITTED BY Pro Petroleum a Limited Liability Company organized under the
laws of the State of Delaware.Trading as Pro Petroleum LLC.
Signed By:Betty Catherman,CFO 0s
Address: 4710 4th Street _
City: Lubbock State: TX Zip 79416