Contract - Allied Sales Company - 2/14/2019 CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF SERVICES FOR
DELIVERY OF OFF ROAD DYED DIESEL FUEL
WITH
ALLIED SALES COMPANY,A DIVISION OF TEXAS ENTERPRISES
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS
That this Agreement for purchase of services for delivery of off road, dyed diesel fuel to
fill City's on-site, above-ground fuel tanks, and for related goods and services, referred to herein
as the "Agreement," is made and entered into on this the �'nl.day of the month of
2019, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule
municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664,
referred to herein as the "City," and ALLIED SALES COMPANY a division of TEXAS
ENTERPRISES, whose address is 5005 East 7th Street, Austin, Texas 78702, referred to herein
as the"Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties,whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS,City desires to purchase services for delivery of off road, dyed diesel fuel to
fill City's on-site, above-ground fuel tanks, and to purchase associated goods and services, and
City desires to purchase same from Vendor;and
WHEREAS, City has issued its Invitation for Bid under Solicitation Number 18-
027REBID2 for the provision of said goods and services, and City has selected the bid submitted
by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
00415702/ss2
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1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Invitation for Bid under Solicitation Number
18-027REBID2; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits,
addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents
shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bid, exhibits,and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified supplies, materials, commodities, or
equipment,and the specified performance of services.
F. Vendor means Allied Sales Company, a division of Texas Enterprises, and any of
either of those entity's successors or assigns.
2.01 EFFECTIVE DATE; TERM
A. This Agreement shall be effective upon the date on which it has been signed by
both parties hereto, and shall remain in full force and effect unless and until it expires by
operation of the term stated herein,or until terminated or extended as provided herein.
B. The term of this Agreement shall be for sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in City's Invitation for
Bid under Solicitation Number 18-027REBID2, and Response to IFB submitted by Vendor, all
as specified in Exhibit"A"attached hereto and made a part hereof for all purposes. The intent of
these documents is to formulate an Agreement listing the responsibilities of both parties as
outlined in relevant documents and as offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
A. All bid items on Exhibit"A"are awarded to Vendor.
B. Vendor specifically acknowledges and agrees that City is not obligated to use or
purchase any estimated annual quantity of goods and services. Only if, as, and when needed by
City,the bid costs listed on Exhibit"A"shall be the basis of any charges collected by Vendor.
5.01 COSTS
A. The bid costs listed on Attachment A — Bid Sheet of Exhibit "A," shall be the
basis of any charges collected by Vendor.
B. In consideration for the items set forth in Exhibit"A,"the City shall be authorized
to pay the Vendor an amount not-to-exceed Seventy Thousand and No/100 Dollars
($70,000.00) per year for a total not to exceed amount of Three Hundred Fifty Thousand and
No/100 Dollars ($350,000.00)for the term of this Agreement.
6.01 INVOICES
All invoices shall include,at a minimum,the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
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Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of,partner to,or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently-negotiated"piggyback"procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
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10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall in all respects comply with the insurance requirements delineated in Part II,
Item 2 of City's Invitation for Bid under Solicitation Number 18-027REBID2.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act on its behalf:
Chad McDowell
General Services Director
212 Commerce Cove
Round Rock, Texas 78664
(512)341-3191
cmcdowell(a4oundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
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16.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified
goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it
will not be considered in the re-advertisement of the service and that it may not be considered in
future bids for the same type of work unless the scope of work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully,timely and faithfully perform any material obligations hereunder;
B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance"section herein.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause,at any time upon thirty(30)days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution)against any third party who may be liable for an indemnified claim.
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19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, City's Charter and Ordinances, as amended, and all
applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances,to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load(TMDL)Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for services unless the contract contains written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of this contract. The signatory executing this Agreement on behalf of Vendor
verifies Vendor does not boycott Israel and will not boycott Israel at any term of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
A. When delivered personally to recipient's address as stated in this Agreement;or
B. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Allied Sales Company,a division of Texas Enterprises
5005 East 7t' Street
Austin, TX 78702
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Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision hereof or the occurrence of
any event rendering any portion or provision of this Agreement void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
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Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure.Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed: 2
For City, Attest:
By. < �� '�V •�
Sara L. White, City Clerk
For City, p roved as to Form:
B . r,� L:� A
Steph L. Sheets, City Attorney
Allied Sales Company, a division of Texas Enterprises
By:
Pri 0�17 T
nted Name: Z
Title: UP i fu SS
Date Signed: '400 Ci
10
P
UND ROCS TEXAS
PURCHASING ISION
01
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
OFF-ROAD DYED DIESEL FUEL FILLING SERVICES
SOLICITATION NUMBER 18-027REBID2
(REBID #2)
OCTOBER 2018
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Firm or Corporation,
hereafter referred to as "Bidder", to provide, deliver, and fill City's on-site, above ground fuel tanks with off-road, dyed
diesel fuel as needed. An anticipated total contract award will be made by the City in an amount not to exceed $70,000
per year.
2. SOLICITATION PACKET—This solicitation packet is comprised of the following:
Description Index
Part I —General Requirements Pages 2—4
Part II —Definitions, Standard Terms and Conditions Page 5
and Insurance Requirements
Part III —Supplemental Terms and Conditions Pages 6—8
Part IV—Specifications Pages 9— 10
Attachment A—Bid Sheet Page 11
Attachment B—Reference Sheet Page 12
Attachment C—Subcontractor Information Form Page 13
3. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Yvonne Hopkins, CTCD
Purchaser
Purchasing Division
E-mail: yhopkins(o)roundrocktexas.gov
OR
Oscar Wise, CTCM
Purchaser
Purchasing Division
E-mail: owise(a)roundrocktexas.gov
The individuals listed above may be contacted by e-mail for clarification of the specifications only. No authority is
intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without
written approval of the City of Round Rock through the Purchasing Department.
4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below:
EVENT DATE
Solicitation released Friday, October 19, 2018
Deadline for submission of questions Tuesday, October 30, 2018 by 5:OOPM, CST
City responses to questions or addendums Thursday, November 1, 2018 by 5:OOPM, CST
Deadline for submission of responses Thursday, November 8, 2018 @ 3:OOPM,CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted above. A
copy of all questions submitted and the City's response to the questions shall be posted on the City's webpage in the
form of an addendum at:
https://www.roundrocktexas.gov/businesses/solicitations/
Page 2 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
Questions shall be submitted in writing to the "Authorized Purchasing Contacts". The City reserves the right to modify
these dates. Notice of date change will be posted to the City's website:
httr)s://www.roundrocktexas.gov/businesses/solicitations/
5. SOLICITATION UPDATES: Bidders shall be responsible for monitoring the City's website at
https://www.roundrocktexas.gov/businesses/solicitations/for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
6. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:OOPM on the due date noted in PART
I, Section 4—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Yvonne Hopkins
Purchasing Department
221 E. Main Street
Round Rock,Texas 78664-5299
6.1 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due
date and "DO NOT OPEN".
6.2 Facsimile or electronically transmitted responses are not acceptable.
6.3 Responses cannot be altered or amended after opening.
6.4 No response can be withdrawn after opening without written approval from the City for an acceptable reason.
6.5 The City will not be bound by any oral statement or offer made contrary to the written specifications.
7. BIDDER REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full comprehensive
listing of every requirement specified in the solicitation. This list is only a tool to assist participating Bidders in compiling
their final responses. Bidders are encouraged to carefully read the entire solicitation.
Bidder shall submit one(1)evident signed"Original"and two(2)copies of the IFB response and one(1)electronic copy
of the IFB response on a flash drive. The bid response must include all addendums and requested attachments. The
bid response and copies shall be provided at the Bidder's expense and shall become the property of the City.
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Bidders are advised that the
City will not pay for any administrative costs incurred in response preparation to this IFB; all costs associated with
responding to this IFB will be solely at the interested parties' expense. Not responding to this IFB does not preclude
participation in any future RFP/RFQ/IFB.
For your bid to be responsive, addendums and the attachments identified below shall be submitted with your
proposal.
L ADDENDUMS: Addendums may be posted to this solicitation. Bidders are required to submit signed
addendums with their sealed response. The Bidder shall be responsible for monitoring the City's website at
https://www.roundrocktexas.gov/businesses/solicitations/for any updates pertaining to the solicitation.
ii. ATTACHMENT A — BID SHEET: The bid response shall be submitted on the itemized, signed Bid Sheet
provided in the solicitation packet. Failure to complete and sign the bid sheet will result in disqualification.
Submission of responses on forms other that the City's Solicitation Document may result in disqualification of
the response. Be advised that exceptions taken to any portion of the solicitation will disqualify acceptance of
the bid.
iii. ATTACHMENT B — REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at
least three(3)valid Municipal/Government agencies or firms of comparable size that have utilized services that
are similar in type and capacity within the last two (2) years. City of Round Rock references are not applicable.
References may be checked prior to award. If references cannot be confirmed or if any negative responses
are received it may result in the disqualification of bid response.
iv. ATTACHMENT C—SUBCONTRACTOR INFORMATION FORM: Provide a signed copy of the Subcontractor
Information Form with your bid response.
Page 3 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
V. ATTACHMENT D—TANK TYPES AND LOCATIONS: Posted in the Solicitation Documents for IFB No. 18-
027REBID2 Off-Road Dyed Diesel Fuel Filling Services in an Word format on the City of Round Rock website.
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to accept
any response deemed most advantageous, or to waive any irregularities or informalities in the response received that
best serves the interest and at the sole discretion of the City.All solicitations received may be evaluated based on the
best value for the City.
9. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions, Standard
Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the Texas Public
Information Act. Following an award, responses are subject to release as public information unless the response or
specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not
considered to be confidential under any circumstances.
9.1 Information in a bid response that is legally protected as a trade secret or otherwise confidential must be clearly
indicated with stamped, bold red letters stating"CONFIDENTIAL"on that section of the document.The City will
not be responsible for any public disclosure of confidential information if it is not clearly marked as such.
9.2 If a request is made under the Texas Public Information Act to inspect information designated as confidential,
the Bidder shall, upon request from the City, furnish sufficient written reasons and information as to why the
information should be protected from disclosure. The matter will then be presented to the Attorney General of
Texas for final determination.
10. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the successful
offeror to complete a Form 1295"Certificate of Interested Parties" that is signed for a contract award requiring council
authorization. The"Certificate of Interested Parties"form must be completed on the Texas Ethics Commission website,
printed, signed and submitted to the City by the authorized agent of the Business Entity with acknowledgment that
disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to Texas Ethics
Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
Page 4 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the Bidder
agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release of the solicitation,
shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said
Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of Bidders to stay
apprised of changes. The City's Definitions and Standard Terms and Conditions can be viewed and downloaded from
the City's website at:
https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: The Bidder shall meet or exceed all insurance requirements set forth in Standard Insurance
Requirements. The City's Standard Insurance Requirements document can be viewed and downloaded from the City's
website at:
https://www.roundrocktexas.gov/departments/purchasing/
Page 5 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
1.1 The term of the Agreement shall begin from date of award and shall remain in full force for sixty(60) months.
1.2 Upon expiration of the contract term,the awarded contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to
90 days.
2. BIDDER QUALIFICATIONS: The City has established the following minimum qualifications. Bidders who do not meet
the minimum qualifications will not be considered for award.
The successful bidder shall:
2.1 Be a firm, corporation, or partnership whose standard business activites:
2.1.1 Provide off-road, dyed diesel fuel commercially.
2.1.2 Perform the service of pumping fuel into customer-specified tanks.
2.1.3 Maintain an adequate organization,appropriate facilities,equipment,financial capability,and personnel
to ensure prompt and efficient service to the City.
2.2 Provide all labor, supplies, and materials required to satisfactorily perform the services as specified in Section
2.1. The bidder shall own or acquire all construction aids, appliances, and equipment the Bidder deems
necessary at no cost to the City. The bidder shall maintain sole responsibility for the maintenance and repair of
City's affected vehicles, equipment, tools and all associated costs. The City shall not be responsible for any of
the Bidder's tools, equipment, or materials lost or damaged during the performance of the services specified
herein.
2.3 Have a commercial business location which shall be located within 120 miles of Round Rock, Texas.
2.4 Have a legal residence or home office in the United States.
2.5 Provide products and services in complete compliance with all Federal, State, and Local regulations to include
compliance with all regulations set forth by the Texas Commission on Environmental Quality(TCEQ).
3. SUBCONTRACTORS: If Subcontractors will be used, the Bidder is required to complete and submit with their bid
response Attachment C - Subcontractor Information Form. The Contractor shall be fully responsible to the City for all
acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and
omissions.
The Contractor shall:
3.1 Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions, specifications and terms of the Contract.
3.2 Require that all Subcontractors obtain and maintain,throughout the term of their agreement, primary insurance
in the type and amounts specified for the Contractor, with the City being named as an additional insured.
3.3 Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is
required to indemnify the City.
3.4 Submit a list of all subcontractors for approval by the City prior to use of any subcontractors throughout the term
of the contract.
4. SAFETY:The City reserves the right to remove any employee from City property for violation of federal,state, and local
health, safety and environmental laws, ordinances, rules and regulations. The Bidder shall:
4.1 Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and
City safety and occupational health standards and other applicable federal, state, and local health, safety, and
environmental laws ordinances, rules and regulations in the performance of these services.
Page 6 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
4.2 Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. In case of conflict,the most stringent safety
requirement shall govern.
4.3 Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines
penalties and liability of every kind arising from the breach of the Successful Bidders' obligations under this
paragraph.
5. WORKFORCE: Successful Bidder shall:
5.1 Ensure Bidder's employees perform the services in a timely, professional, and efficient manner.
5.2 Ensure Bidder's employees,while working on City property,wear a company uniform that clearly identifies them
as the Bidder's employee.
5.3 Employ all personnel for work in accordance with the requirements set forth by the United States Department
of Labor. The City reserves the right to verify citizenship or right to work in the United States.
6. PRICING: Pricing indicated in the Attachment A—Bid Sheet shall be inclusive of all recovery fees, surcharges, labor,
equipment, costs, and fees necessary to provide and deliver goods and services specified herein.
6.1 Bidders shall use Flint Hills Resources/OPTS rack rate to bid "cents over rack price" on the Attachment A—Bid
Sheet. Rack prices change each day at 5:00pm and new rack prices post each new day at 6:00am.
6.2 The City is an authorized end user of off-road, dyed diesel. The City is authorized to purchase tax free dyed
diesel. Bidder's pricing must reflect this.
6.3 The"cents over rack price" bid value shall remain fixed throughout the 60-month term of the contract.
6.4 Fuel pricing shall be based on the bidder's cents over rack price for the day of delivery.
7. PERFORMANCE REVIEW: The City reserves the right to review the awarded bidder's performance anytime during
the contract term.
8. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working days. The awarded
bidder will be notified within the time frame if the services delivered are not in full compliance with the specifications. In
the event the services are not performed to the satisfaction of the City; the contractor shall agree to re-perform services
to specification at no additional cost to the City. If any agreement or purchase order is cancelled for non-acceptance,
the needed services may be purchased elsewhere and the contractor may be charged the associated cost to bring the
work into compliance.
9. ORDER QUANTITY:The quantities referenced on the solicitation are estimates only. No guarantee of any minimum or
maximum purchase is made or implied. The City will only order the services/goods needed to satisfy requirements
within budgetary constraints, which may be more or less than indicated.
10. PERMITS:The Successful Bidder shall verify and obtain all necessary permits, licenses, and/or certificates required by
federal, state and local laws, ordinances, rules or regulations for the completion of the services as specified if required
for the project.
11. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award,
primary and secondary award, non-award,or use any combination that best serves the interest and at the sole discretion
of the City. Award announcement will be made upon City Council approval of staff recommendation and executed
agreement. Award announcement will appear on the City's website at:
https://www.roundrocktexas.gov/businesses/solicitations/
12. POST AWARD MEETING: The City and awarded contractor may have a post award meeting to discuss, but not be
limited to the following:
12.1 The method to provide a smooth and orderly transition of services performed from the current contractor
12.2 A preliminary inspection and testing of fuel already contained within the tanks to ensure no contamination is
currently present
Page 7 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
12.3 Provide City contact(s) information for implementation of agreement
12.4 Identify specific milestones, goals and strategies to meet objectives
13. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
13.1 Awarded contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the awarded contractor shall provide a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by the
awarded contractor immediately should the point of contact change.
13.2 The City's designated representative is:
Marshall Reynolds
Fleet Operations Manager
General Services
Phone: (512)218-5571
E-mail: mreynoldsaroundrocktexas.gov
14. INTERLOCAL PURCHASING AGREEMENTS:
14.1 The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code.The awarded contractor agrees to offer the same
price and terms and conditions to other eligible agencies that have an interlocal agreement with the City.
14.2 The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Page 8 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
PART IV
SPECIFICATIONS
1. PURPOSE: The City seeks bidders to provide, deliver, and fill City's on-site above ground fuel tanks with off-road, dyed
diesel fuel, as needed.
2. TANK LOCATIONS &ADDITIONAL INFORMATION—The City tanks are located at the following locations:
TANK • •
Item Address Number Size of Tanks Type of Tank
of Tanks
Old Settlers Park
A 3300 Palm Valley Boulevard One(1) 1,000—Gallons Double Wall
Round Rock, Texas 78665
Deepwood Recycling Center
B 310 Deepwood Drive One(1) 1,000—Gallons Fuel trailer
Round Rock, Texas 78680
2.1 The City reserves the right to add, adjust, or remove locations as needed.
2.2 See ATTACHMENT D—Tank Types and Locations for pictures and locations of the City's tanks.
2.3 The City estimates a use of approximately 20,000—30,000 gallons of dyed diesel per year.
3. AWARDED CONTRACTOR RESPONSIBILITIES:
The awarded Contractor shall:
3.1 Maintain sufficient diesel fuel volumes to accommodate City's tank refill requests within 48 hours of request.
The City's request may be verbal or in writing. Orders placed by noon on the current day shall be delivered by
the end of the next business day;
3.2 Deliver between 500 and 1,000 gallons of fuel in one visit to required location(s);
3.3 Supply all hoses, pumps, and equipment necessary to conduct tank refills;
3.4 Stand-by/emergency generators may occasionally require fuel fill; fuel will be ordered as needed;
3.5 Invoice City with accompanying indexed pricing documentation and manifest for each fill;
3.6 Maintain regulatory compliance with all applicable agencies;
3.7 Provide documentation identifying index and rate for specified day;
3.8 Show cost in a cost-per-gallon format;
3.9 Make an estimated 30 visits per year.
3.10 Prior to the first fill the Contractor shall provide a preliminary inspection and testing of fuel already contained
within the tanks to ensure no contamination is currently present.
3.11 Remove and clean tanks if improper or contaminated fuel is dispensed by the Contractor. The removal and
cleaning of the tanks shall be the responsibility of the awarded Contractor.
4. DIESEL FUEL SPECIFICATIONS:
Fuel shall:
4.1 Be clear, #2 Ultra Low Sulfur Diesel;
4.2 Be free of contaminants;
4.3 Conform to ASTM-D975 for the State of Texas;
4.4 Provide a minimum shelf life of sixty(60) days.
Page 9 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
5. CITY RESPONSIBILITIES:
City shall:
5.1 Notify awarded contractor of needed fill 48 hours in advance;
5.2 Allow access to tanks, as needed;
5.3 Order a minimum of 500 gallons per refill order; (Note: An average order is=750 gallons.)
Page 10 of 13
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2
Class/Item:405-09
OCTOBER 2018
ATTACHMENT A—BID SHEET
1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB No. 18-027REBID2 Off-Road Dyed Diesel
Fuel Filling Services in an Excel format on the City of Round Rock website at:
https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
1.1 In order to be considered responsive Attachment A—Bid Sheet must be completed and signed by an authorized
representative and returned by the deadline for submission of response indicated in Part I Section 4—Schedule
of Events.
1.2 The Bidder, by submitting and signing Attachment A—Bid Sheet, acknowledges that he/she has received and
read the entire document packet sections defined above including all documents incorporated by reference,
and agrees to be bound by the terms therein.
1.3 In order to do business with the City of Round Rock you must be registered with the City's Contractor Database.
To register, go to: https://roundrock.munisselfservice.com/Contractors/defauIt.aspx.
1.4 By the signature affixed on Attachment A-Bid Sheet, the Bidder hereby certifies that neither the Bidder nor the
entity represented by the Bidder, or anyone acting for such entity has violated the antitrust laws of this State,
codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor
communicated directly or indirectly,the response made to any competitor or any other person engaged in such
line of business."
1.5 The Bidder agrees, if this Offer is accepted within 120 calendar days after the Due Date,to fully comply in strict
accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Page 11 of 13
Exhibit "A"
Attachment A — Bid Sheet
IFB No. 18-027REBID2 (REBID#2)
Off Road Dyed Diesel Fuel Filling Services
Name of Business: i(`"4 / c; S V-6-:)r
Physical Address of l
Headquarters(HQ): 5 0 0 ' In
Physical Address of Serving
(if different address from HQ) ` � t COM Mf�C C
The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with
the solicitation documents contained in IFB No. 18-027REBID2 Off-Road Dyed Diesel Fuel Filling Services.The Respondent acknowledges that he/she
has received and read the entire solicitation packet, attachments,and all documents incorporated by reference,and agrees to be bound by the terms
therein.
An anticipated total Contract award will be made by the City in an amount not to exceed$70,000 per year.This is an estimate only,the City reserves the
right to order more or less.
Special Instructions:Be advised that exceptions taken to any portion of the solicitation will disqualify acceptance of the bid.
Cost entered in the bid sheet shall reflect any and all administrative fees,overhead,surcharges,delivery fees,etc.All fees must be rolled into
the cost over rack fee.
The lowest cost for"cents over rack price"will be awarded this Contract.
CENTS OVER
ITEM • DESCRIPTION
Off Road Dyed Diesel: -Z (.
Cents over Rack Rate C�
1 (Rack rate based on Flint Hills Resource/OPTS Rack Rate)
p /
Signature required on this Bid Sheet
COMPANY NAME: //( (�(- .tAA '•� � �15 I if;1 I r �/I�� ���
SIGNATURE OF AUTHORIZED
REPRESENTATIVE:
PRINTED NAME:
PHONE NUMBER: !j 7 - 2- Il
EMAIL ADDRESS: f�ji , 1� ," fieCil/`cel %�- ( <C7
Page 1 of 1
Exhibit "A"
City of Round Rock
Off-Road Dyed Diesel Fuel Filling Services
IFB No.18-027REBID2
Class/Item:405-09
OCTOBER 2018
ATTACHMENT B—REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 18-027REBID2—Diesel Fuel Fillinq Services
BIDDER'S NAME: _ i���A-i�• 3'r� '� , �r� DATE: ( --.f 16
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government agencies or
firms of comparable size that have utilized services that are similar in type and capacity within the last two(2)years.City of
Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed
or if any negative responses are received it may result in the disqualification of bid response.
1. Company's Name ,.Y,
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State,Zip Code �� --T
Telephone Number ( ) Fax Number: ( )
2. Company's Name �r� j�l c--P,e/ (J, ( (',�,
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State,Zip Code
Telephone Number ((9 j� ) t �:,O 00"? Fax Number: { )
3. Company's Name -
Name of Contact
Title of Contact
E-Mail Address t
Present Address
City, State,Zip Code
Telephone Number ( ) CJ ' Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 12 of 13
Exhibit "A"
IFB No. 18-027REBID2 Off Road Dyed Diesel Fuel Filling Services
ATTACHMENT D- City of Round Rock Tanks
Deep Wood Tank
1993 i� r
nUli
�_ ka
3
A
Page 1 of 4
Exhibit "A"
IFB No. 18-027REBID2 Off Road Dyed Diesel Fuel Filling Services
ATTACHMENT D —City of Round Rock Tanks
Dee Wood Tank Location
MM K DSt
RecIV-
cte Genie ��,;
E
Fire Station
Page 2 of 4
Exhibit "A"
IFB No. 18-027REBID2 Off Road Dyed Diesel Fuel Filling Services
ATTACHMENT D — City of Round Rock Tanks
Old Settlers Park Tank
Page 3 of 4
Exhibit "A"
IFB No. 18-027REBID2 Off Road Dyed Diesel Fuel Filling Services
ATTACHMENT D — City of Round Rock Tanks
Old Settlers Park Location
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Page 4 of 4
Exhibit "A"
ROUND ROCK TEXAS
PURCHASING OIV61GN
CITY OF ROUND ROCK
INVITATION FOR BID
18-027REBID2—Off Road Dyed Diesel Fuel Filling Services
IFB No. 18-027REBID2 Addendum No. 1 Date: November 8, 2018
Addendum No. 1, dated Thursday, November 8, 2018, is being issued to extend the bid
opening date for IFB No. 18-027REBID2 — Off Road Dyed Diesel Fuel Filling Services, as
outlined below:
BID OPENING DATE CHANGED FROM. Thursday November 8, 2018 @ 3:OOPM
BID OPENING DATE CHANGED TO: Thursday November 15, 2018 @
3:OOPM
Approved by: Date:
Yvonne Hopkins, C PM
Purchaser
By the signatures affixed below this addendum is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED
/A"�
Vendor A orized Signature Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY
YOUR RESPONSE FROM CONSIDERATION FOR AWARD.
Paee I of
Exhibit "A"
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place of Certificate Number:
business. 2019-439246
Allied Sales
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is being 01/08/2019
filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract,and provide a description of the
services,goods,or other property to be provided under the contract
000000
delivery of off road diesel
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION Q
My name is ��1C1� !J �l and my date of birth isu�I y W `
My address is -` I ( 1- ' S�[�C
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �C �U S County, State of ti 5 on the day of JCt(111� 20 .
(month) (year)
n
Sign ureorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
7-7
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place of Certificate Number:
business. 2019-439246
Allied Sales
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is being 01/08/2019
filed.
City of Round Rock Date Acknowledged:
01/09/2019
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the
services,goods,or other property to be provided under the contract.
000000
delivery of off road diesel
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only ff there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150