Contract - ALLIED SALES COMPANY DBA TEXAS ENTERPRISES - 12/21/2023 CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF SERVICES FOR
DELIVERY OF OFF ROAD DYED DIESEL FUEL FILLING SERVICES
WITH
TEXAS ENTERPRISES
D/B/A "ALLIED SALES CO."
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OFTRAVIS
That this Agreement for purchase of services for delivery of off road, dyed diesel fuel
filling services, and for related gods and services, referred to herein as the "Agreement," is
made and entered into on this the day of the mouth of bV-CeWJX&, 2023, 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 hercin as the "City," and
TEXAS ENTERPRISES d/b/a "ALLIED SALES COMPANY," whose address is 4911 East 7"'
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
filling services, and to purchase associated goods and services, and City desires to purchase same
frorn Vendor; and
WHEREAS, City has issued its Invitation for Bid Linder Solicitation Number 23-034 for
the provision of said goods and services; and
WHEREAS, City has determined that the bid submitted by Vendor is the lowest
responsible bid; 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 SLIfficiency of which are hereby acknowledged, the parties
4867-8735-3992/ss2
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mutually agree as follows:
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
23-034; (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 AND 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.
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C. City reserves the right to review the relationship at any time and may elect to
tenninate this Agreement with or without cause or may elect to continue.
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 23-034, 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 Five Hundred Fifty Thousand and No/100 Dollars
($550,000.00)for the tern 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.
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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,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 27 1.101 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
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D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
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 PI.,ACED 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.
1.3.01 INSURANCE
Vendor shall in all respects comply with the insurance requirements delineated in fart Il:,
Item 2 of City's Invitation for laid under Solicitation Number 23-034.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act on its behalf:
Chad McDowell
General Services Director
21.2 Commerce Cove
Round Dock, Texas 78664
(512) 341-3191.
cmcdowell(i,rowandrocktexas.gov
15.01 RIGI-IT 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
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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.
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. In accordance with Chapter 2271, 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.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the 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:
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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:
Texas Enterprises d/b/a"Allied Sales Co."
4911 East 71h Street
Austin,TX 78702
Notice to City:
City Manager Stephanie L. Sandre, 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
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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.
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 AgreeniCDt on the dates
indicated.
City of Round hock, Texas
By:
Printed Name:
Title:
Late; Signed:
For City, Attest:
By
Me���;anunks, CitClerk
For City, Approved as to Form:
r - " c !
f ph4fi' �L. andre, City Attorney
Texas Enterprises d/b/a "Allied Sales Co."
By: '"
Title: .4(*" 4
PrintOa T�1a e:
Late Signed: rc71
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Exhibit "A"
ROUND ROCK TEXAS
PIURCI.1',�A II�II,���ac
City of Round Rock, Texas
Purchasiivision
221 East Main Street
Found Foo , Texas 78884-5299
www.roundrocktexas.gov
AUGUSTINVITATION FOR BID (IFB)
OFF-ROAD DYED DIESEL FUEL FILLING SERVICES
SOLICITATION NUMBER 23-034
2023
City of Round Dock Exhibit "A"'
Off-RoadDyed Diesel Fuel Filling Services
IFB 23-034
Commodity Code:405-09
August 2023
OFF-ROAD DYED DIESEL FUEL FILLING SERVICES
PART I
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"City", seeks an agreement with a
qualified Firm or Corporation,to provide, deliver, and fill City's on-site, above around 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 $110,040 per year.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following-
D sditfton, Ir cue
Part I—General Requirements Page(s)
Part I1—definitions, Standard Terms and Conditions, and Insurance Page
Requirements
Part III —Supplemental Terms and Conditions Page(s)
Part IV—Scope of Work/Specifications Page(s)
Attachment A—Reference Sheet Separate Attachment
Attachment B —Subcontractor Information Form Separate Attachment
Attachment C—Bid Sheet Separate Attachment
Attachment D-Tank Types and Location Separate Attachment.
Attachment -Solicitation Submittal Form Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below,
EVENT DATE,
Solicitation released September 23, 2023
Deadline for submission of questions September 8, 2023, @ 5:00 PM, CST
City responses to questions or addendums Approximately September 11, 2023@ 5:00
PM, CST
Deadline for submission of responses September 22, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire 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://roundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https://roundrocktexas,bonfirehub.com
44. SOLICITATION UPDATES. Respondents shall be responsible for monitoring the City's website at
https://roundrocktexas.bonfirehub.com 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.
5. RESPONSE DUE DATE- Appropriately submitted responses are due at or before 3:00 PM, on the due date
noted in PART 1, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic bidding
platform, Bonfire: https://roundrocktexas,bonfirehub.com
Page 2 of 10
City of Round Rock Exhibit "A"a
Off-Road Dyed Diesel Fuel Filling Services
lFB 23-034
Commodity Code:45-09
August 2023
A. This request for proposal(RFP) does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property of
the City.
6. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be consideredfor award. The Respondent
shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in providing off-road dyed diesel fuel
filling services as specified herein and have adequate organization, facilities, equipment,financial
capability, and personnel to ensure prompt and efficient service to the City.
B. The Respondent shall include in the proposal a list of all litigation the company or its principals have been
involved in within the last three(3)years.
C. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this RFP process.
In order to do business with the City of Round Rock you must be registered with the City's Vendor Database.
To register, go to: https://roundrocktxvendors.munisselfservice.comNendors/default.aspx
7. RESPONSE REQUIREMENTS: The Respondent, by electronically submitting their Offer, acknowledges that
he/she is an authorized representative of the Vendor, 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. The Respondent shall include the following information with their bid response:
E] Attachment A Reference Sheet
❑ Attachment B—Subcontractor Information Form
❑ Attachment C Bud Sheet
❑ Acknowledged Addenda (if applicable)
6. 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. In determining best value, the City may consider:
A. Purchase price.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quality of the Respondent's goods and services.
D. The extent to which the goods and services meet the City's needs.
E. Respondent's past performance with the City.
F. The total long-term cost to the City to acquire the Respondent's goads or services.
G. Any relevant criteria specifically listed in the solicitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria
not related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
Page 3 of 10
City of Round Rock Exhibit "A"
Off-Road Dyed Diesel Fuel Filling Services
lFB 23-034
Commodity Code: 45-09
August 2023
9. 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 submittedto 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
10. Ex PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of
Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official,
Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to the time a
bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate
City Official'or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the bid'. Ex parte communication may be grounds for disqualifying the offending Bidder
from consideration or award of the bid then in evaluation, or any future bid.
11. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City") in consultation
with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or
award of a contract.The Purchasing Manager may solicit written responses to the protest from other
interested parties. The aggrieved person must prepare his or her complaint in writing and send it by
electronic mail to the City's Purchasing Department at protestproundrocktexas,gov,
In the event of a timely protest,the City shall'not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Dewe Date: If you are a prospective offeror for the award of a contract("Offeror")and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before the
due date for receipt of offers in response to a solicitation (`Offers„),you must notify the City in writing of
the alleged deficiency before that date, giving the City an opportunity to resolve the situation prior to the
Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a deficiency
in the solicitation process or the award, you have the opportunity to protest the solicitation process, or the
recommended award as follows:
i. You must file a written notice of your intent to protest within four(4)working days of the date that you
know or should have known of the facts relating to the protest. If you do not file a written notice of
intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10)working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A)above.
iii. You must submit your protest in writing and must include the following informatiow
a. your name, address, telephone number, and email address,
b, the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of Ilaw or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the Purchasing
Manager,"with assistance from the City Attorney, shall make one of the following determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination, The City will prepare updated solicitation
Page 4 of 10
i
City of Round Rock Exhibit "A"
Off-Road Dyed Diesel Fuel Filling Services
IFB 23-034
Commodity Code:45-09
August 2023
documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter.The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However,the awarded contract will not
be canceled.As needed, corrective actions may be taken with purchasing or any other pertinent City
staff.
iv. A determination will usually be made within fifteen(15)business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 5 of 10
City of Round Rook. Exhibit "A"
Off-Road Dyed Diesel Fuel Filling Services
IFF 23-034
Commodity Code:45-09
August 2923
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS STANDARD TERMS AND CONDITIONS,: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and 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. These can be obtained from the City's website at:
https://www.roundrocktexas.gov/city-departments/purchasing/. In addition,the Supplemental Terms and
Conditions listed in Section 111, shall also be enforced as part of the contract.
2. INSURANCE: The Respondent 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. ov/city-departments/purchasing/
Page 6of10
City of Round Rock Exhibit "A"
Off-Road Dyed Diesel Fuel Filling Services
IFB 23-034
Commodity Code:45-09
August 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty(60)
months.
B. The Respondent 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.
C. Upon expiration of the contract term,the 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
120 days.
2. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit
with their proposal response Attachment B: 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 Contractors own acts and omissions.The Contractor shall:
A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions,specifications,and terms of the Contract.
B. 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; and
C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor
is required to indemnify the City.
D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of
any subcontractors throughout the term of the contract.
3. 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 Respondent
shall:
A. 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.
B. 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.
C. 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 Contractor's obligations under this
paragraph.
4. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees,while working on City property,wear a company uniform that clearly
identifies them as the Respondent's employee.
C. 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.
5. PRICING:The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor,overhead charges,travel, payroll expenses,freight,equipment acquisition and
maintenance,demurrage,fuel surcharges,delivery charges,costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
Page 7 of 10
City of Round Rock Exhibit ",A,"
Off-Road Dyed Diesel Fuel Filling Services
IFB 23-034
Commodity Code:45-09
,August 2023
The Respondent shall use Flint Hills Resoulrces/OPIS 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.
The City is an authorized end user of oft-road, dyed diesel. The City is authorized to purchase tax free dyed
diesel.The Respondents pricing must reflect this.
The"cents over rack price" bid value shall remain fixed throughout the 50-month term of the contract.
Fuel pricing shall be based on the Respondent's cents over rack price for the day of delivery.
G. ACCEPTANCE/INSPECTION: Acceptance/inspection should not take more than five (5)working days.
The Contractor 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 reperform 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.
7. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
8. ORDER QUANTITY: The quantities shown 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.
9. 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. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website
at https://roLind'rocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
10. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current
contractor.
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
11. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with 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 Respondent immediately should the point of contact change.
B. The City's designated representative. The City's designated representative shall be:
Marshall Reynolds
General Services Vehicle Maintenance
Phone: 512-218-5571
E-mail: nine aiolds(c)rorraadroc'ktexk-as.goy
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Page 8 of 10
City of Round Rock Exhibit "A"
Off-Road Dyed Diesel Fuel Filling Services
IFB 23-034
Commodity Code: 45-09
August 2023
PART IV
SPECIFICATIONS
1. PURPOSE AND BACKGROUND: The City seeks a Contractor to provide, deliver, and fill City's on-site above
ground fuel tanks with off-road, dyed diesel fuel, as needed.
2. SERVICE 'REQUIREMENTS: Services Shall be performed at the following locations:
Ii ME IN 1
I NEEMc
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
Fleet Vehicle Services One Trailer with
C 1901 Luther Peterson Place Two (2) 1000 -Gallons Ethanol Free Gas
Round Rock Texas, 67885 One Truck mounted
tank for Diesel
A. The City reserves the right to add, adjust, or remove locations as needed..
B. See ATTACHMENT D—Tank Types and Locations for pictures and locations of the City's tanks.
C. The City estimates a use of approximately 2.0,000—30,000 gallons of dyed diesel per year.
3. CONTRACTOR REQUIREMENTS: The Contractor shall-
A. Be a firm, corporation, or partnership whose standard business activities include::
L Providing off-road, dyed diesel fuel commercially.
ii. Performing the service of pumping fuel into customer-specified tanks.
iii. Maintaining adequate organization, appropriate facilities, equipment, financial capability, and
personnel to ensure prompt and efficient service to the City.
B. Own or acquire all construction aids, appliances, and equipment the Contractor deems necessary at no
cost to the City. The Contractor 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
tools, equipment, or materials lost or damaged during the performance of the services specified herein.
C. Have a commercial business location which shall be located within 120 miles of Round Rock, Texas.
D. 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).
4. CONTRACTOR RESPONSIBILITIES: The Contractor shall:
A. Maintain sufficient diesel fuel volumes to accommodate City's tank refill requests within 48 hours of
request. Orders placed by noon on the current day shall be delivered by the end of the next business day.
B. Deliver between 500 and 1,000 gallons of fuel in one visit to required location(s).
C. Supply all hoses, pumps, and equipment necessary to conduct tank refills.
D. Stand-by/emergency generators may occasionally require fuel fill.
E. Fuel will be ordered on an as needed basis.
F. Invoice City with accompanying indexed pricing documentation and manifest for each fill.
Page:9 of 10
i
City of Round Rock Exhibit "A"
Off-Road Dyed Diesel Fuel Filling Services
IFB 23-034
Commodity Code:45-09
August 2023
G. Maintain regulatory compliance with all applicable agencies.
H. Provide documentation identifying index and rate for specified day.
I. Show cost in a cast-per-gallon format;
J. Make an estimated 30 visits per year.
K. 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.
L. 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
S. DIESEL FUEL SPECIFICATIONS: Fuel shall:
A. Be clear,#2 Ultra Low Sulfur Diesel.
B. Be free of contaminants.
C. Conform to ASTM-D975 for the State of Texas.
D. Provide a minimum shelf life of sixty(60)days.
E. Ethanol Free Fuel-Unleaded 87 Octane or better.
6. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed
across the City,the City shall be provided with a designated and identified crew leader/point of contact(POC)
upon award of the contract.
A. The City shall be provided with the designated person's name and telephone number.
B. This contact person shall remain the same throughout the term of the contract or upon termination of the
contact person. If a change has been made in the contact person due to internal personnel changes,the
City's designated representative shall be notified by the Contractor immediately at the time of the change.
NO substitutions of key personnel shall be permitted without written approval of the authorized City's
designated representative.
C. The contact person shall be identified in the solicitation response and may be required to attend an oral
presentation to the selection team prior to award of contract.
D. The Contractor shall provide the City with a secondary POC if the primary POC will be unavailable.
7. MAINTAIN COMMUNICATION: Communication is vital to the City of Round Rock.The City requires timely
communication throughout the entire order process.The City understands that lead times can vary depending
upon the size, manufacturer, and difficulty of the required material needs
8. CITY RESPONSIBILITIES:The City shall:
A. Notify awarded contractor of needed fill 48 hours in advance.
B. Coordinate all deliveries with the City Point of Contact.
C. Allow access to tanks, as needed.
D. Order a minimum of 500 gallons per refill order(Note:An average order is 750 gallons).
Page 10 of 10
attachment C- Bid Sheet
OFF-ROAD DYED DIESEL FUEL FILLING SERVICES
IEE 23-034
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind
the respondent to fully comply with the solicitation documents contained in IFB 23-034 Off-Road Dyed Diesel Fuel
Filling Services The Respondent acknowledges that they have received and read the entire solicitation packet,
attachments, and all documents incorporated by reference, and agrees to be bound by the terms therein.
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.
'No. Description Estimated Unit
Quantity,
Off Road Dyed Diesel:Cents over Rack Rate
X
Uj 1 I(Rack rate based on Flint Hills Resource/OPTS Rack Rate)
COMPANY NAME-- G11
PRINTED NAME:
PHONE NUMBER:,
1EMAIL ADDRESS: f."Z, C
of
Exhibit "A"
IFB No. 23-034 Off Fuad Dyed Diesel Fuel Filling Services
ATTACHMENT D —City of Round Rock Tanks
Deep Wood Tank
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Pace I of 4
Exhibit p"A"
IFB No. 23-334 Off Road Dyed Diesel (Fuel Filling Services
ATTACHMENTD— City of Round' Rack Tanks
Dee Wood Tank (Location
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Page 2 of 4
Exhibit "A"
IFB No. 23-034 Off Road Dyed Diesel Fuel Filling Services
ATTACHMENT [ City of Round Rock Tanks
Old Settlers Park Tank
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Page 3 of 4
Exhibit "A,"
IFB No. 23-034 Off Road Dyed Diesel Fuel Filling Services
ATTACHMENT D —City of Round Rook Tanks
Old Settlers Hark Location
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Page 4 of 4