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R-13-03-14-G1 - 3/14/2013
RESOLUTION NO. R -13-03-14-G1 WHEREAS, the City of Round Rock has duly advertised for bids to purchase 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; and WHEREAS, Triple S Fuels has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Triple S Fuels, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Services for Delivery of Off Road, Dyed Diesel Fuel With Triple S Fuels, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of March, 2013. � TIL___� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTES T: , dkok SARA L. WHITE, City Clerk O:\wdox\SCGnts\0112\ 1304Vv"1CIPAL\00269584.D0C EXHIBIT CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF SERVICES FOR DELIVERY OF OFF ROAD, DYED DIESEL FUEL WITH TRIPLE S FUELS, A DIVISION OF TEXAS ENTERPRISE KNOW ALL BY THESE PRESENTS: THE STATE OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS That this Agreement for purchase of sei vices 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 day of the month of ,2q__, 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 TRIPLE S FUELS, a division of TEXAS ENTERPRISE, whose address is Post Office Box 6156, Austin, Texas 78762, 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 fiom Vendor; and WHEREAS, City has issued its Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12 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: 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. 265338rjkg The Agreement includes the following: (a) City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12; (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 Triple S Fuels, a division of Texas Enterprise, and any of either of those entity's successors or assigns. 2.01 EFFECTIVE DATE; TERM; NO ALLOWABLE RENEWALS 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 five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for no more than two (2) additional terms of twelve (12) months each, with such renewals to occur on or before the expiration date of the preceding teim, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. Price adjustments during the term of this Agreement, if any, shall be in accordance with Part 1, Item 9 of City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12. Fuel pricing shall be based on Vendor's index rate for the week of delivery, and fuel pricing fluctuations shall be permitted throughout the term of this Agreement per Vendor's published index rate. Price increases for delivery services are not K permitted under this Agreement. Vendor may offer price decreases in excess of any allowable percentage change. D. 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. 3.01 CONTRACT DOCUMENTS AND EXMITS City selected Vendor as the integrator of choice to supply the goods and services as outlined in City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12, 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 All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Nurnber; 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 Goverment Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, 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 3 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. 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 provisions delineated in Part I, Item 3 of City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12 (including all attachments and exhibits), and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act on its behalf- Marshall ehalf Marshall Reynolds Fleet Operations Manager 901 Luther Peterson Place Round Rock, Texas 78664 512-218-5571 mreynolds@roundrocktexas.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. 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 (3 0) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to tenninate 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. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES 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. 20.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terns of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. ro 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 afler being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Triple S Fuels, a division of Texas Enterprise Post Office Box 6156 Austin, TX 78762 Notice to City: Steve Norwood, 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 patties 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 7 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 portiozi or provision held to • be void. The parties fiuther 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 perforin 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. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas For City, Attest: By: Printed Name: Title: Date Signed: _ Sara L. White, City Clerk For City, Attest: R-. By: Stephan L. Sheets, City Attorney 8 Triple S Fuels, a division of Texas llnterprise By: Printed �Cnrkv h�— Title: _� Date Signed: V -z SOUOTATION NUMBER 12-043 SPECIFICATION NUMBER 12-405.12 August 2012 CITY OF ROUND ROCK • INVITATION FOR BID OFF ROAD, DYED DIESEL FUEL DELIVERY SERVICE PART GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent', to fill City's on-site, above' ground fuel tanks with off-road, dyed diesel fuel as needed. 2. DEFINITIONS TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, 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 respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http:llwww.roundrocktexas.gov/homelindex.asp?page=463. 2.1. Any exception to or additional terms and conditions attached to the response will not be considered unless respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the insurance Requirements as identified on the City's website at http:Ilwww.roundrocktexas.gov/home/index.asp?page=463. 4. ATTACHMENTS: Attachments A through C are herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet; 4.2. Attachment B: Example of tank types; 4.3. Attachment C: Map of tank locations; 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6662 jbaggett@roundrocktexas.gov The individual listed above may be contacted by telephone or visited 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. 6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. Respondents qualifications shall be as follows: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. EXHIBIT A "All SOUCMATION NUMBER 12-043 SPECIFICATION NUMBER 12-405-52 August 2012 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. In order to assure the City does not encounter shipping delays, service delays or other unforeseen problems that can occur with out of area or foreign vendors, respondent shall be located within: ❑ 60 Mites from Round Rock, Texas 78681 V(120 Miles from Round Rock, Texas 78681 ❑ United States 6.4. 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). 6.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. 7.8. The City reserves the right to reject any or all responses, or delete any portion of the response, 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. 8. AGREEMENT TERM: The terms of the awarded agreement shall: 8.1. The Initial term of the resulting agreement shall be five (5) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 8.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. if the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have 2of8 SOLICITATION NUMBER 12.043 SPECIFICATION NUMBER 12-405-12 August 2012 thirty (30) days to correct such deficiencies. If the respondent falls to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 9. PRICE INCREASE OR DECREASE: Fuel pricing shall be based on the respondent's index rate for the week of delivery. Fuel pricing fluctuations shall be permitted throughout the length of the agreement per the successful Respondent's published index rate. 9.1. A price increase for delivery services shall not be permitted. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, 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 http://www.roundrocktexas.gov/home/indox.asp?page=463. 11. ACCEPTANCE: Acceptance Inspection should not take more than ten (10) working days. The vendor will be notified within this time frame if.the goods delivered is not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the. performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in • question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts. that may arise out of such independently -negotiated "piggyback" procurements. 3of8 1. SOLiCITATION NUMBER 12-043 SPECIFICATION NUMBER 12-405-12 August 2012 PART it SCHEDULE SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released August 25, 2012 1.2. Pre -Solicitation Meeting and Site Visit (Voluntary) September 6, 2012 September 6, 2012 9:00 am —10:30 am City of Round Rock — Various Locations Per ATTACHMENT C 221 E. Main Street Round Rock, Texas 78664 1.3. Deadline for questions September 10, 2012 1.4. City responses to all questions or addendums September 13, 2012 1.5. Responses for solicitation due by 3:00 PM September 18, 2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART It, Paragraph 1. Acopy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http:llwww.roundrocktexas.gov/homelindex.asp?page=463. Questions shall be submitted to the City contact named in PART 1. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. **********************SOLICITATION UPDATES*********************** 2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http•//www roundrocktexas.govlhomelindex.asp?page=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, 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. 3. VOLUNTARY PRE -SOLICITATION MEETING, SITE VISIT AND INSPECTION: A pre -solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or restrictions inherent In the scope of work. The pre -solicitation meeting will be conducted on: September 6, 2012 9:00 am --10:30 am City of Round Rock — Various Locations Per ATTACHMENT C 221 E. Main Street Round Rock, Texas 78664 3.1. A location map and order of visit for each property is provided herein as ATTACHMENT C. 3.2. Respondents are required to provide their own transportation for the site inspection tour. 3.3. It Is the responsibility of the Respondent to examine each site to determine any solicitation related details during said inspections. 3.4. Additional site inspections will not be permitted. 4of8 SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 1240542 August2012 4. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 4.1. Responses received after this time and date shall not be considered. 4.2, Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due -date and "DO NOT OPEN". 4.3. Facsimile or electronically transmitted responses are not acceptable. 4.4. Late responses will be returned to Respondent unopened if return address is provided. 4.5. Responses cannot be altered or amended after opening. 4.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 4.7. The City will not be bound by any oral statement or offer made contrary to the written specifications. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 5.1. Provide City contact(s) Information for lmplementation of agreement. PART Ill SPECIFICATIONS 1. SCOPE OF WORK: The City seeks a Respondent to fill City's on-site, above ground fuel tanks with off-road, dyed diesel fuel as needed. City is in the process of acquiring tanks and anticipates tanks to be available in the near future. An example of tank types can be found on ATTACHMENT B. 2. TANK LOCATIONS: The City tanks shall be located at the following locations. A map of said locations is herein made a part of this solicitation as ATTACHMENT C. 5of8 Pre -Solicitation Map Address Number of Size of Tank Type of Tank Meeting and Site Tanks Inspection Old Settlers Park Vault or A 3300 Palm Valley Boulevard One (1) 500 -Gallons 9/6/20129:00 Double Wall Round Rock, Texas 78665 Parks and Recreation Department (PARD) Yard Vault or B 300 South Burnet Road One (1) 500 -Gallons Double Wall 9/6/20129:30 Round Rock, Texas 78664 Deepwood Recycling Center C 310Deepwood Drive One (1) 1,000 -Gallons Vault 9/6/201210:00 Round Rock, Texas 78680 5of8 SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-405-12 August 2012 3. TANK FILLING SPECIFICATIONS: Respondent shall maintain sufficient diesel fuel volumes to accommodate City's tank refill requests within 48 hours of request 3.1 City's request may be verbal or in writing. City shall order a minimum of 300 gallons per refill order. Successful respondent must be able to deliver between 300 and 1,000 gallons of fuel in one visit to said location(s). 4. DIESEL FUEL SPECIFICATIONS: The City desires to purchase off-road, dyed diesel fuel to fill the tanks per the specifications herein. 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. 5. PRICING: Pricing indicated in the bid form shall be all inclusive of all labor, equipment, freight and fees necessary to provide and deliver goods and services specified herein. 5.1 Respondent's rate shall be clearly identified and listed for the week of MAY 28 —JUNE 1, 2012; 5.2 City is an authorized end user of off-road, dyed diesel. City Is authorized to purchase tax free dyed diesel per this registration. Pricing shall reflect such. 6. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum volume Is made or Implied. The City shall only order the goods or services needed to satisfy operating requirements within budgetary constraints, which may be more or less than indicated. 6.1 City estimates an annual volume of 48,000 gallons per year. 7. CITY RESPONSIBIILITIES: City shall be responsible for: 7.1 Notifying successful Respondent 48 hours in advance of needed fill; 7.2 Allowing access to tanks as needed. 8. RESPONDENT RESPONSIBILTIES: Successful Respondent shall be required to: 8.1 Pump fuel into specified tanks within 48 hours or request from City for duration of agreement; 8.2 Supply all hoses, pumps, and equipment necessary to conduct tanks and generator refills; 8.3 Invoice City with accompanying indexed pricing documentation,and manifest for each fill; 8.4 Maintain regulatory compliance with all applicable agencies. 6of8 SOLICITATION NUMBER 12.043 SPECIFICATION NUMBER 12.405-12 August 2012 PART IV RESPONSE 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 Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shalt submit one (1) executed (signed) original and three (3) copies of each response. For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. TAB #1 1. Responses shall be submitted on itemized, signed Solicitation Document provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. 2. In the event of errors in extension pricing, unit prices shall govern. TAB #2 3. Attachment A: Reference sheet shall Include the name, address, active telephone number and valid e-mail address of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services within the past two (2) years. TAB #3 4. Photos of Delivery Vehicle: Please provide color photo(s) of delivery vehicle(s). TAB #4 5. Supporting Documentation: The City seeks to review the following: 5.1. Example of manifest used for fuel deliveries. 5.2. Example of invoice used for deliveries. TAB #5 6. Fuel price using Respondent's indexed rate for week of MAY 28 —JUNE 1, 2012. 6.1. Documentation identifying index and rate for specified week shall be provided. Cost shall be shown in a cost -per -gallon formal. 6.2. City is -an authorized end user of off-road, dyed diesel. City is authorized to purchase tax free dyed diesel per this registration. Pricing shall reflect such. 6.3. Respondent shall list delivery fee per -gallon if applicable. 6.4. The City estimates a 48,000 gallon annual usage. 6.5. Minimum gallons required for fuel fills shall be provided. 7. CONFIDENTIALITY OF CONTENT: 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. 7.1. Information in a submittal 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. 7.2. If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent 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. 7of8 -rQ�UROCK.TEKAS acsroxrxnseanc BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 Solicitation Number: #12-043 Solicitation Name: Opening Date: Opening Time: Opening Location: Off -Road, Dyed Diesel Fuel Delivery Service September 18, 2012 On or Before 3:00 PM CST City of Round Rock City Hall 211 E. Main Street Round Rock, TX 78664 Newspaper ❑ City's Website ©E-mail Tax ID Number: Business Name -A,2,0 e. FLUS A lc 1)Xq iurt C &'')'4.ea^N (3 e.. Address:( p.n •tO}s,t.`-i(2 Address: kl, 1-�n 1.4 7(o a Contact: ��Ci �4 SL 1 t n 2� Telephone: Entity Type: e a2. E-mail: Vlb�LMC, ❑ Other FIRST TIME15 YOUR BUSINESS RESPONDING TO CITY REGISTERED WITH © • ' OF ROUND ROCK? VENDOR CENTRAL? By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, 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. Further, by signing and submitting this response the Respondent acknowledges : That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for interlocal or Cooperative Contracting (Piggybacking) per the terms outlined in Part 1, #14 of this solicitation. If applicable. do you agree to °piggyback" purchasing from other governmental agencies? ❑ Yes Ez" No Response shall include one (1) signed original and three (3) copies of response. �1t71 ao Z. Pri ted Nale- I Au orized ign lure Date Failure to sign response will disqualify response. ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAM DATE: 17 a O�Z Provide the name, address, e-mail, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service from your organization within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ._ 3a �� k- ; E' SY1lfkP k� u 1 es�le —Tz/- -L6501 1 1: oAOS� Fax Number: FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT B Example of City's desired above ground tank and pump type(s). DOUBLE WALL WITH CONTAINMENT BOX VAULT w.l 3 s Z5i15 i 'fir•.,,, • � + �, , 1..Fuel Dist 41" $, Intenial Braeine 1. Lei e1.7iulicakol 3..�t!»osplieric crept 3. ,Steal F'linitip Tagil: :10. T::e�k- })etcotor_Tubt 4.. PpIy&tyye11e,Layef . YI.. goer ll.Contaunuent s. HDPE I:iuei• • 12. Emergency Vent 6. ReulForcect.C'oucrote 13. C0110rete,S1ab - 7. Suppolt'Ltgs ATTACHMENT C Tank locations and pre -solicitation meeting and site inspection schedule. TANK LOCATIONS-. Number of Pre -Solicitation Map Address Tanks Size of Tank Type of Tank Meeting and Site Inspection Old Settlers Park A 3300 Palm Valley Boulevard One (1) 500 -Gallons Vaultr 9/6/20129:00 Round Rock, Texas 78665 . Double Wall Parks and Recreation Department (PARD) Yard Q 300 South Burnet Road One (1) 500 -Gallons Vault or 9/6/20129:30 Round Rock, Texas 78664 Double Wall Deepwood Recycling Center LC 310 Deepwood Drive One (1) 1,000 -Gallons Vault 9/6/201210:00 0 Round Rock, Texas 78680 2 1tiY{ ~VSs i'f .�' f •.mob �, � �. , _ �'��� }� � ^� If 02 I i�1 t�, tai a. }� 5 -- _ .�..__�... .>,.M .�.....�_- ....� . ..._ r�Tca'w'�. y. �•"'-'` %'. �1�,.,, ..nom.-w�.���� :`" _ _.o,- � � .g'^- & �Q] ENTRE - - - - - - - - - - - - - - - - - - - - - 'IC C 1-800-424-9300 S ffiR A8`JCbRPUS CHRISTI, LLC X IQ_ -wit' .......... ......... ........ .... ............................ . . . . . . . • RECEIVED tri`, it Nn•W,-'&4Wrji dpifift�-notddij0' 1'6��-ratep'prpontracts that have agreed uponinwriting betweei "iestablished by the carrier and are available to the 'j.q I 14e m_ �g (P "WIN NOWRECOUSS 1_'Ifi N ecour 131P _0 idei,'41W.6hrrief.may decline to make delivery of IS'�'Q.i.RISTI, LLC this thl0r.06M. INN% T!; IL 6i. t 'I the If th transportation of this commodity. Carri u1fl1it ada dd rgepcv id6ponse, Information. • hAT 40 M fo - SignatureAR 1, SOLO T W"i"OPSIONEE10 STI ASK: 1:4 K S FQE' 7.V0.1 V"U alp W ' 10 ........... BILL OF LADING SHIP DATE . . . . . 0 Fj 2 2) 0 12 T E t,'.T-' OROSS - REI' W E AV GALS pelt_g� M4:_. -.._............_....r ............. . ....... ...... X �3 'N 650 642 212 X HAIPA" Ni Q' OIL , UWAAMBLE III ' Rjmmzn�r , %%j C-3 I. M M. C 1) K-, I -e. d 86.3 36.5 .899 WE! 240 'F03 c' NET eon! 015 MCI 642 "An 'Mzlll� +2 got; D;ewd diesel f uel , nontaxable use onlY, penalty for,taxable We.. 1.5 j:q:,rtj skt'I.Fc.kr U.tdyed !.11... K. -ity Y 3 JS ppm sulfar Pjpd ULSD. Non-ruad 01- u.se Only K -Ts 27 This praduct QATexas low and no fuel for d-:LC4i6-'41 in requi ring the got of fkte.l. ... ........ F1,041 1W.0 WIT Johnny MMON'SKS Fid., AwMin, W. 7i.i'*7�o$,,14�---:A-"'-"-�-:-'&'."-!...-' Van Phone C312) 92MON22 TCWT74TX2706 W, AWN ; lit( Q ................................ ?'o request, too TRIPLE S FUELS A DIVISION OF TEXAS ENTERPRISE 4911 E 7TH ST AUSTIN TX 78702 Bill To Number Ship To Number 9804 9804 Fuel Supplier Manifest # CITY OF ROUND ROCK ATTN: AP 221 EAST MAIN ROUND ROCK TX 78664 Shipped Via Triple S Transport Number Pkg Description 01B2C 00 B-2 Biodiesel Blend (Clear) Sub -Total Invoice Date 85231 08/22/12 Order No. Ship Date 27054.00 08/22/12 Cust.P.O.#k BL # Terr./Sales 1635606 2 2 1635606 B-2 TX DIESEL TAX FED OIL SPILL LIAB TAX -B2 FED Excise Tax Diesel Exempt FEDERAL DIESEL L SIJ JS�`� yE Y �' a ;i `ter Teas trodh t r Td s t.2) TEXAS PETROLEUM'=SSTCRAf61D-L`TW KP;''REMEi3TAT biz'"` ` Invoice Total CITY OF ROUND ROCK 2800 PALM VALLEY BLVD ROUND ROCK TX 78664-0000 Quantity Price Amount 200.0 3.53450 706.90 706.90 200.0. 0.19600-' 39.20 200.0 0.00186 0.37 200.0 0.00000 0.00 2}Q0.0,_0. 00100 0.20 2r�'© ^`0 sa.-- -Y 0 .(D0000 r.3 ,_,__, `''•';;a :nom it :. �e,h: .:. Net Due: 30 Days Due Date: 09/21/12 747.03 AUSTIN, TX 2012-05-31 10:00:09 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE LED DISTILLATE PRICES** DR & 2R N0.2 No.l Pre Move Terms RD Move RD Move RD Move Date Time F1ntHlsRs u N-10 289.25 - 6.50 -- -- -- -- -- -- -- -- 05/30 18:00 Shell u N-10 291.59 - 7.73 -- -- -- -- -- -- -- -- 05/30 18:00 Citgo b 1-10 293.60 - 6.20 -- -- -- -- -- -- -- -- 05/30 18:00 Citgo u 1-10 293.60 - 6.20 -- -- -- -- -- -- -- -- 05/30 18:00 Chevron b 1-10 294.60 - 5.90 -- -- -- -- -- -- -- -- 05/30 18:00 Cenex b 1-10 294.75 - 2.75 -- -- -- -- -- -- -- -- 05/30 18:00 LOW RACK 289.25 -- -- -- - HIGH RACK 294.75 -- -- -- -- RACK AVG 2-92.96 City of Round Rock ruuo.� x�ort masrmm Agenda Item Summary Agenda Number: G1. Title: Consider a resolution authorizing the Mayor to execute an agreement for delivery service of off road, dyed diesel fuel with Triple S Fuels. Type: Resolution Governing Body: City Council Agenda Date: 3/14/2013 Dept Director: Chad McDowell, General Services Director Cost: $152,441.28 Indexes: General Fund Attachments: Resolution, Exhibit "A" Text of Legislative File 13-057 City desires to purchase services for delivery of off road dyed diesel fuel for the cities above -ground fuel tanks. The City is establishing above ground, off-road diesel fuel tank at various locations. Using off-road diesel will save the City of Round Rock $.20 per gallon and will be used for vehicles such as lawnmowers, tub grinder, loaders etc. Approval City of Round Rock Page 1 Printed on 311412013 ( } � { < ( : 1 } { � ( � ( � { \ � ( � ORIGINAL ( � ( DOCUMENmE3 FOLLO\&/ � ( { ( ( [ . { { { ( [ � ( [ \ \ \ t [ [ \ \ } [ � { CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF SERVICES FOR DELIVERY OF OFF ROAD, DYED DIESEL FUEL WITH TRIPLE S FUELS, A DIVISION OF TEXAS ENTERPRISE THE STATE OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: 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 {k* day of the month of MAW,�, 20_1,g3, 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 TRIPLE S FUELS, a division of TEXAS ENTERPRISE, whose address is Post Office Box 6156, Austin, Texas 78762, 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 12-043, Specification Number 12-405-12 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: 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. 26533arkg The Agreement includes the following: (a) City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12; (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 Triple S Fuels, a division of Texas Enterprise, and any of either of those entity's successors or assigns. 2.01 EFFECTIVE DATE; TERM; NO ALLOWABLE RENEWALS 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 five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for no more than two (2) additional terms of twelve (12) months each, with such renewals to occur on or before the expiration date of the preceding tern, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. Price adjustments during the term of this Agreement, if any, shall be in accordance with Part I, Item 9 of City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12. Fuel pricing shall be based on Vendor's index rate for the week of delivery, and fuel pricing fluctuations shall be permitted throughout the term of this Agreement per Vendor's published index rate. Price increases for delivery services are not 6 permitted under this Agreement. Vendor may offer price decreases in excess of any allowable percentage change. D. 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. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods and services as outlined in City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405-12, 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 All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 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 perforin certain governmental functions and services, including but not limited to purchasing fiinctions, 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 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 K3 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. 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. 4 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 provisions delineated in Part I, Item 3 of City's Invitation for Bid under Solicitation Number 12-043, Specification Number 12-405.12 (including all attachments and exhibits), and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act on its behalf: Marshall Reynolds Fleet Operations Manager 901 Luther Peterson Place Round Rock, Texas 78664 512-218-5571 mreynolds@roundrocktexas.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. 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 perforin any material obligations hereunder; B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States; 5 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 (3 0) 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. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES 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. 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. 71 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: Triple S Fuels, a division of Texas Enterprise Post Office Box 6156 Austin, TX 78762 Notice to City: Steve Norwood, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 3 09 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 panties 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 VA 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 patties 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. IN WITNESS 'WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: rn Printed Name: Title: _ M.Ayo p Date Signed: ' 2_5''.��f'� For City, Attest: By: , Sara L. White, City lerk For City L. Sheets, City Attorney Triple S Fuels, a division of Texas Enterprise By: Print Title Date SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-405-12 August 2012 CITY OF ROUND ROCK INVITATION FOR BID OFF ROAD, DYED DIESEL FUEL DELIVERY SERVICE PART GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent', to fill City's on-site, above ground fuel tanks with off-road, dyed diesel fuel as needed. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, 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 respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http:lhvww.roundrocktexas.gov/home/index.asp?parte=463. 2.1. Any exception to or additional terms and conditions attached to the response will not be considered unless respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http:/lwww.roundrocktexas.gov/home/index.asp?pa_ge=463. 4. ATTACHMENTS: Attachments A through C are herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet; 4.2. Attachment B: Example of tank types; 4.3. Attachment C: Map of tank locations; 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 jbaggett@roundrocktexas.gov The individual listed above may be contacted by telephone or visited 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. 6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. Respondents qualifications shall be as follows: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. EXHIBIT "An SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-406-12 August 2012 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. In order to assure the City does not encounter shipping delays, service delays or other unforeseen problems that can occur with out of area or foreign vendors, respondent shall be located within: ❑ 60 Miles from Round Rock, Texas 78681 V(120 Miles from Round Rock, Texas 78681 ❑ United States 6.4. 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). 6.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. 7.8. The City reserves the right to reject any or all responses, or delete any portion of the response, 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. 8. AGREEMENT TERM: The terms of the awarded agreement shall: 8.1. The initial term of the resulting agreement shall be five (5) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 8.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have 2of8 SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-405-12 August 2012 thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 9. PRICE INCREASE OR DECREASE: Fuel pricing shall be based on the respondent's Index rate for The week of delivery. Fuel pricing fluctuations shall be permitted throughout the length of the agreement per the successful Respondent's published index rate. 9.1. A price increase for delivery services shall not be permitted. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, 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 http://www.roundrocktexas.gov/home/indox.asp?page=463. 11. ACCEPTANCE: Acceptance inspection should not take more than ten (10) working days. The vendor will be notified within this time frame if,the goods delivered is not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There Is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and Its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. it is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts. that may arise out of such independently -negotiated "piggyback" procurements. 3of8 1. SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-40542 August 2012 PART 11 SCHEDULE SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released August 25, 2012 1.2. Pre -Solicitation Meeting and Site Visit (Voluntary) September 6, 2012 September 6, 2012 9:00 am —10:30 am City of Round Rock — Various Locations Per ATTACHMENT C 221 E. Main Street Round Rock, Texas 78664 1.3. Deadline for questions September 10, 2012 1.4. City responses to all questions or addendums September 13, 2012 1.5. Responses for solicitation due by 3:00 PM . September 18, 2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the dud date noted in PART Il, Paragraph 1. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.novlhome/index.asp?pace=463. Questions shall be submitted to the City contact named in PART I. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. **********************SOLICITATION UPDATES*********************** 2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http:/ www.roundrocktexas.aovlhome/index.asn?pane=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, -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. 3. VOLUNTARY PRE -SOLICITATION MEETING, SITE VISIT AND INSPECTION: A pre -solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or restrictions inherent In the scope of work. The pre -solicitation meeting will be conducted on: September 6, 2012 9:00 am —10:30 am City of Round Rock — Various Locations Per ATTACHMENT C 221 E. Main Street Round Rock, Texas 78664 3.1. A location map and order of visit for each property is provided herein as ATTACHMENT C. 3.2. Respondents are required to provide their own transportation for the site inspection tour. 3.3. It Is the responsibility of the Respondent to examine each site to determine any solicitation related details during said inspections. 3.4. Additional site inspections will not be permitted. 4 of 8 SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-40542 August 2012 4. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 4.1. Responses received after this time and date shall not be considered. 4.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due'date and "DO NOT OPEN". 4.3. Facsimile or electronically transmitted responses are not acceptable. 4.4. Late responses will be returned to Respondent unopened if return address is provided. 4.5. Responses cannot be altered or amended after opening. 4.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 4.7. The City will not be bound by any oral statement or offer made contrary to the written specifications. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 5.1. Provide City contact(s) information for implementation of agreement. PART III SPECIFICATIONS 1. SCOPE OF WORK: The City seeks a Respondent to fill City's on-site, above ground fuel tanks with off-road, dyed diesel fuel as needed. City is in the process of acquiring tanks and anticipates tanks to be available in the near future. An example of tank types can be found on ATTACHMENT 13. 2. TANK LOCATIONS: The City tanks shall be located at the following locations. A map of said locations is herein made a part of this solicitation as ATTACHMENT C. 5of8 Pre -Solicitation Map Address Number of Size of Tank Type of Tank Meeting and Site Tanks Inspection Old Settlers Park Vault or A 3300 Palm Valley Boulevard One (1) S00 -Gallons Double Wall 9/6/20129:00 Round Rock, Texas 78665 Parks and Recreation Department (PARD) Yard Vault or B 300 South Burnet Road one (1) 500 -Gallons Double Wall 9/6/20129:30 Round Rock, Texas 78664 Deepwood Recycling Center C 310 Deepwood Drive one (1) 1,000 -Gallons Vault 9/6/201210:00 Round Rock, Texas 78680 5of8 SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12-405-12 August 2012 3. TANK FILLING SPECIFICATIONS: Respondent shall maintain sufficient diesel fuel volumes to accommodate City's tank refill requests within 48 hours of request. 3.1 City's request may be verbal or in writing. City shall order a minimum of 300 gallons per refill order. Successful respondent must be able to deliver between 300 and 1,000 gallons of fuel in one visit to said location(s). 4. DIESEL FUEL SPECIFICATIONS: The City desires to purchase off-road, dyed diesel fuel to fill Te tanks per the specifications herein. 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. 5. PRICING: Pricing indicated in the bid form shall be all inclusive of all labor, equipment, freight and fees necessary to provide and deliver goods and services specified herein. 5.1 Respondent's rate shall be clearly Identified and listed for the week of MAY 28 —.TUNE 1, 2012; 5.2 City is an authorized end user of off-road, dyed diesel. City is authorized to purchase tax free dyed diesel per this registration. Pricing shall reflect such. 6. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum volume Is made or implied. The City shall only order the goods or services needed to satisfy operating requirements within budgetary constraints, which may be more or less than indicated. 6.1 City estimates an annual volume of 48,000 gallons per year. 7. CITY RESPONSIBILITIES: City shall be responsible for: 7.1 Notifying successful Respondent 48 hours in advance of needed fill; 7.2 Allowing access to tanks as needed. 8. RESPONDENT RESPONSIBILTIES: Successful Respondent shall be required to: 8.1 Pump fuel into specified tanks within 48 hours or request from City for duration of agreement; 8.2 Supply all hoses, pumps, and equipment necessary to conduct tanks and generator refills; 8.3 Invoice City with accompanying Indexed pricing documentation,and manifest for each fill; 8.4 Maintain regulatory compliance with all applicable agencies. 6of8 SOLICITATION NUMBER 12-043 SPECIFICATION NUMBER 12.40542 Auqust 2012 PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive fisting of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shall submit one (1) executed (signed) original and three (3) copies of each response. For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. TAB #1 1. Responses shall be submitted on itemized, signed Solicitation Document provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. 2. In the event of errors in extension pricing, unit prices shall govern. T� #2 3. Attachment A: Reference sheet shall Include the name, address, active telephone number and valid e-mail address of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services within the past two (2) years. TAB #3 4. Photos of Delivery Vehicle: Please provide color photo(s) of delivery vehicle(s). TAB #4 5. Supporting Documentation: The City seeks to review the following: 5.1. Example of manifest used for fuel deliveries. 5.2. Example of invoice used for deliveries. TAB #5 6. Fuel price using Respondent's indexed rate for week of MAY 28 —JUNE 1, 2012. _ 6.1. Documentation identifying index and rate for specified week shall be provided. Cost shall be shown in a cost -per -gallon format. 6.2. City Is an authorized end user of off-road, dyed diesel. City is authorized to purchase tax free dyed diesel per this registration. Pricing shall reflect such. 6.3. Respondent shall list delivery fee per -gallon if applicable. 6.4. The City estimates a 48,000 gallon annual usage. 6.5. Minimum gallons required for fuel fills shall be provided. 7. CONFIDENTIALITY OF CONTENT: 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. 7.1. Information in a submittal 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. 7.2. If a request Is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter wilt then be presented to the Attorney General of Texas for final determination. 7of8 --ROUNDROCK.TEfAS ItIG95f-NlGStO;[ fXM: CWIY BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 Solicitation Number: #12-043 Solicitation Name: Off -Road, Dyed Diesel Fuel Delivery Service Opening Date: September 18, 2012 Opening Time: On or Before 3:00 PM CST Opening Location: City of Round Rock City Hall 211 E. Main Street Round Rock, TX 78664 Newspaper F-1 City's Website QE -mail Tax ID Number: /12,01e, Business Name: Figs Address: Q.t) .11 iOQt ("usa Address: k14 -vi 1.4 _77(o a Contact: '<•kl t Ian' Telephone: -aca) ex -133 Entity Type: �C'_Yl� 4k h k'aac5eaT 2. E-mail: Kp-6,nc2 '{''a,�c'_ ❑ Other FIRST TIME 15 YOUR BUSINESS RESPONDING TO CITY REGISTERED WITH El Yes © • ' OF ROUND ROCK? VENDOR CENTRAL? By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, 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 One of business. Further, by signing and submitting this response the Respondent acknowledges : That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for interlocal or Cooperative Contracting (Piggybacking) per the terms outlined in Part I, #14 of this solicitation. If applicable. do you agree to *piggyback" purchasing from other governmental agencies? ❑ Yes Ej No Response shall include one (1) signed original and three (3) copies of response. Qtz.klAu 4Pdted'NaTe orized ign tura Date Failure to sign response will disqualify response. ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 1 ot - RESPONDENT'S NAME' i t7,' e c� ��1�.Qti'� DATE: 4 Provide the name, address, e-mail, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service from your organization within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number l U Fax Number: 2c r S6tc�, FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT B Example of City's desired above ground tank and pump type(s). DOUBLE WALL WITH CONTAINMENT BOX VAULT 1. ATTACHMENT C Tank locations and pre -solicitation meeting and site Inspection schedule. TANKLOCATIONS Number of Pre -Solicitation Map Address Tanks Size of Tank TypeofTank MeetingandSife Inspection Old Settlers Park A 3300 Palm Valley Boulevard One (1) 500 -Gallons Vault or 9/6/20129'00 Round Rock, Texas 78665 . Double Wall Parks and Recreation Department (PARD) Yard B 300 South Burnet Road One (1) 500 -Gallons Vault or 9/6/20129:30 Round Rock, Texas 78664 Double Wall Deepwood Recycling Center C 310 Deepwood Drive One (1) 1,000 -Gallons Vault 9/6/201210:00 Round Rock, Texas 78680 { i s S. S /t • viit �;,5 Pi: K2 t z. i� k S �'�'ffr �E CHRISTI, LLC _P C.1-800-424-9300 0 VS - - - - E - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . ....... . ... .................. M. ..... .... ..... PRASVIMN . too, 5'6b that have been agreed upon In fin, b Yee -.6'1 itjg �Yj h RE XqP RECEIVED -Id'AftA dn.�,'Obd' ,',d Ildm%4 If e' .the D available to a, th W. 74 'IiL tab he tl Me carrier OW am W Air. i%m no.utFeqoqrse�oQ'h1hi' _0116-iXt#4 "Ifik delivery of NON-Rligd OWMI hib"0111 V1qL1 W& _`ediOei, d6nier.may decline to make .-q IP:r,1, LL this i;h!i5m TGN ,'..H ..fitkoUt. vbl3t? P .............. V We car d I i at for the transportation of this commodity. Cate ri Ag: ra9K. RM qmq tesponse Information, -------------- ............. Si nature SOLD T6: A . . . . . . . . . . . LVA TX ?S702— BILL OF LADING ' SHIP DATE 0,8 :2 2 0 12 IrsiASFr- 23862-4 P -ER SHIPPIM6 TEMT- OROSS ME -60F BATCf I No, BETHEL OIL, COMBUSTIBLE LIOUID, •III Die 601101.811cz.'; MV no. 2-0 See N AN8 A.799"'` 85.4 6 3.5 650 Cir,::'_ 21,1-3, X 9" "TH NA19 15 it hL OIL, CUMBUSTTBLE LIQUID, I I I Diesel" OWWRLM Mo. 2-P R2, Red bf 197 !.ee No .899 10101 2 4 36.5 son.t cis i 6 4 , J A, " 4 -. t... -".- Dpwd diesol fuel, nontaxable use only, penalty for,taxable We., -me 07 - 15 ppm s"Ifur Updyed UILED., .41, CS - 15 ppm sulfur P*pd ULSD. Man -road or WK-ememplk use only.,: Te 27 - This product JAWaxas low emiasion diesel and may W -inginew count no f ue I f or JZ0:1 r_ in any Texas rwquiring the *## .of low emission diesel fuel. BAITR ?01 1 Johnny Modidis Rd., Austin, I'X.Q V: AAA: Nov WW� T .-'#': ){'"u: (312) 9201 l6Q, TCNuT74TX2706 °pyjjer 3240 LP PIP FLINT RROW ARESCURCES, Milan Va mava pow oils c" TWO 1 r TRIPLE S FUELS A DIVISION OF TEXAS ENTERPRISE 4911 E 7TH ST AUSTIN TX 78702 Bill To Number Ship To Number 9804 9804 Fuel Supplier Manifest # CITY OF ROUND ROCK ATTN: AP 221 EAST MAIN ROUND ROCK TX 78664 Shipped Via Triple S Transport Number Pkg Description 01B2C 00 B-2 Biodiesel Blend (Clear) Sub -Total Invoice Date 85231 08/22/12 Order No. Ship Date 27054.00 08/22/12 Cust.P.O.# BL # Terr./Sales 1635606 2 2 1635606 CITY OF ROUND ROCK 2800 PALM VALLEY BLVD ROUND ROCK TX 78664-0000 Quantity Price 200.0 3.53450 Amount 706.90 706.90 B-2 TX DIESEL TAX 200.0 0.19600- 39.20 FED OIL SPILL LIAB TAX -B2 200.0 0.00186 0.37 FED Excise Tax Diesel Exempt 200.0 0.00000 0.00 4. �.:: ;Dal_e 1", FEDERAL DIESE1_&P,L.iU:,S.T�. E a 3` 12� �v, 2'x.0 0 x0.0 010 0 0.20 x . Teas ro n tei Tai 2) ' a, �, € 6 .0 0.00000 0.36 ��' TEXAS PETROLEUM Sl'R73CL'TATK :RENiE*IA'1`bN -° �n Invoice Total Net Due: 30 Days Due Date: 09/21/12 747.03 AUSTIN, TX 2012-05-31 10:00:09 EDT **OPIS CONTRACT BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE LED DISTILLATE PRICES** DR & 2R N0.2 N0.1 Pre Move Terms RD Move RD Move RD Move Date Time F1ntHlsRs u N-10 289.25 - 6.50 -- -- -- -- -- -- -- -- 05/30 18:00 Shell u N-10 291.59 - 7.73 -- -- -- -- -- -- -- -- 05/30 18:00 Citgo b 1-10 293.60 - 6.20 -- -- -- -- -- -- -- -- 05/30 18:00 Citgo u 1-10 293.60 - 6.20 -- -- -- -- -- -- -- -- 05/30 18:00 Chevron b 1-10 294.60 - 5.90 -- -- -- -- -- -- -- -- 05/30 18:00 Cenex b 1-10 294.75 - 2.75 -- -- -- -- -- -- -- -- 05/30 18:00 LOW RACK 289.25 -- -- -- -- HIGH RACK 294.75 -- -- -- RACK AVG 292.90 -' -- -- -- --