1-RFP 2025-085 Diesel Fuel Deliveries for City of Waco -.pdf

REQUEST FOR PROPOSAL

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco

Issue Date: January 12, 2025

Closing Date & Time: February 10, 2025 2:00 P.M. CT

Opening Date & Time: February 10, 2025, 2:05 P.M. CT

For Information Contact:

Christopher Hanchard, Purchasing Agent, 254-750-8062, or christopherh@wacotx.gov

Pre-Proposal Meeting:

None Scheduled

RFP Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only (Please see Page 3)

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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RFP BOILER PLATE 11/2025

EUNA / BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, EUNA / Bonfire.

We ask vendors to register with EUNA / Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact EUNA / Bonfire with registration or customer support issues.

Website links to assist you: waco-texas.bonfirehub.com/login

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ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-PROPOSAL

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

Non- Mandatory Via Zoom Video & Dial In

PROPOSAL OPENING

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

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TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation for Competitive Sealed Proposal II. Contact with City of Waco III. Definitions IV. Requested Services V. Request For Proposals – Submission and Award Procedures

Appendices A. Scope of Services and Specifications / Pricing Forms

(1) Detailed Scope of Services and Specifications

(2) Pricing Form - Rack Pricing

(3) Pricing Form - Firm Pricing

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB 89 Energy Form

(8) HB 89 Firearms Form

(9) HB 89 Israel Form

(10) HB1295 Information Sheet

(11) Foreign Terrorist Organization Form

(12) Protest Procedure

(13) Sample Contract

(14) Registered with the Texas Secretary of State

(15) W-9 Taxpayer Identification Form

(16) Electronic Funds Transfer Authorization (EFT Form)

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City Charter)

(5) HUB Business Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

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RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco

Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: waco-texas.com/bids

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED

PROPOSAL

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFP

Pre-Proposal Information

Deadline for questions in 5:00 P.M.

Proposals due by 2:00 P.M.

Proposal Opening at 2:05 P.M.

Evaluation of submission

January 12, 2025 None Scheduled February 2, 2025 February 10 2025 February 10, 2025 February 10 - 13 2025

Interviews or Presentations may be conducted

Tentatively, the final selection decision will be made, and submitters will be notified of award by, February 23, 2025. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Christopher Hanchard, Purchasing Agent who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750 6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Proposal” or “Submission” or “Submittal” refers to a response submitted to an RFP.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted Proposals. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(5) “RFP” means and refers to this Request for Proposals.

(6) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(7) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(8) “Solicitation” means an RFP issued by the City Waco seeking products or services described in the document.

(9) “Submitter” or “Vendor” or “Proposer” or “Contractor” means a firm that submits a response to a solicitation.

(10) “Contract documents” includes the RFP and all of the Appendices attached to the RFP.

(11) “Day” means a calendar day unless otherwise specifically defined.

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications This specification is designed to describe unleaded motor fuel as used by all departments of the City of Waco. The contract is to include the furnishing of all plant, labor, materials and equipment, and the performance of all operations required to furnish unleaded motor fuel as used by the City of Waco. The intent of the specifications is to describe, for acquisition purposes, material/services providing the best performance at the best total cost. All bids shall meet or exceed these specifications.

Each bid will be evaluated for acceptability with emphasis on the various factors within this document. A staff committee will evaluate bids to ensure compliance with RFB requirements, quality of products and services offered and pricing. The staff committee recommendations are subject to approval by the Waco City Council. Acceptance of any bidder’s response will not place the City of Waco under any obligation to accept the lowest priced response. The City of Waco reserves the right to accept the bid from the most qualified contractor(s) that best meets the City’s needs.

1. Spillage and Cleanup: The Offeror is responsible for all spillage that may occur during transit, loading, or unloading. Clean-up shall be performed in accordance with EPA and State of Texas guidelines and requirements.

2. Delivery Requirements per Specifications Section: Fuel Quality- Please describe the standard testing Procedures of each fuel type. Have you experienced any quality Issues in the past 24 months? Please describe. Please provide the process and remedies available to any Customer who may receive a delivery with quality issues.

3. Miscellaneous Charges: Please describe any charges above and beyond the cost of fuel that may be applied.

a. Trip Charges (Single or Multiple Deliveries)

b. Fuel Surcharges

c. Delivery Fees

d. Government Fees

e. Service Fees Etc.

4. Equipment & Supplies: The Offeror at its own expense shall furnish all labor, supplies, equipment, and machinery necessary to fulfill the Scope of Services.

(2) The City of Waco has issued this solicitation for Unleaded Fuel.

(3) Detailed specifications are attached as Appendices.

(4) A digital version of this document can be obtained from the City of Waco website at http://www.waco-texas.com/purchasing-rules.asp.

B. Terms Conditions & Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s Contract

Requirements.

C. Duration of Services The City will enter into a twenty-four (24) month contract, with options to renew for three (3) additional one (1) year periods. If the City exercises any extension option, all terms, conditions, and provisions of the Contract shall remain in effect for that extension period, subject only to any economic price adjustment otherwise allowed under the Contract. The current contract ends April 6, 2026. The new contract is anticipated to begin on April 6, 2026.

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D. Reservations by City:

The City of Waco reserves the right to reject any and all submittals. The issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse proposers for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure.

(b) Extend the solicitation closing time and date.

(c) Reissue this solicitation in a different form or context.

(d) Procure any item by other allowable means.

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected

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V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

(1) Proposals should be kept to the minimum necessary length to explain the proposer’s attributes and pricing. Typed responses are preferred in Times New Roman, Arial or Calibri font.

Responses must be clear and may be subject to disqualification if illegible.

(2) Qualified firms should submit their qualifications through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login. Paper/Physical submissions will still be accepted and should include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(a) Cover sheet containing RFP number, project name, and proposer’s name, address, and telephone number.

(b) A brief company history.

(c) Completed and signed copies of Forms included in Appendix C.

(d) A short narrative of the proposer’s approach to the project and a statement of understanding targeting the specific nature of this project.

(e) Information on the proposer’s current workload and ability to complete the project.

(f) Certificate showing current insurance coverage.

(g) Pricing/Cost Information – Pricing Forms

1. All pricing and cost information is to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

2. Security – Bid Bond.

a. Each submission must be accompanied by a certified check of the submitter, or a bid bond (PDF copy through Bonfire) executed by the submitter as principal and having as surety thereon a surety company approved by the City in the amount of 5% of the submission. The Surety’s Power of Attorney must accompany the bid bond. The bid bond and surety’s Power of Attorney must both carry the same date which is no earlier than three (3) days prior to the scheduled bid opening date. An original copy of the bid bond and Surety’s Power of Attorney will be required of the recommended/awarded vendor within three (3) days by the request of the City.

b. Checks will be returned to all except the three lowest bidders within three days after the opening of bids. The remaining checks will be returned promptly after the City and the selected bidder have executed the contract.

c. If no award has been made within ninety (90) days after the date of the opening of bids, a bidder may demand that the security submitted be returned so long as said bidder has not been notified of the acceptance of his bid.

d. If the selected bidder refuses or fails to execute and deliver the contract and bonds (payment and/or performance) required within 10 days after receiving notice of the acceptance of his bid, the bid security shall forfeit to the City as liquidated damages for such failure or refusal.

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e. A Bid Bond form can be found in the Appendices.

(h) Names of the Subcontractors for the major components of the Project

(i) List of Proposer’s and Subcontractors’ experience on projects completed in McLennan County (include value of project and the owner’s phone and email contact information)

(j) List of Proposer’s and Subcontractors’ experience on projects for the City of Waco or other municipalities (include value of project and contact information (phone and email) at the municipality)

(k) List a minimum of five (5) projects that are of similar size and type performed by the Proposer and each Subcontractor (include the value of each project and owner’s phone and email contact information)

(l) List of five (5) references for the Proposer and three (3) references for each Subcontractor.

(m) Resume, project history, and other information on Proposer’s job superintendent for the project.

B. Completeness of Submission

(1) Proposers are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually. The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

C. Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on February 10, 2025.

The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

D.

Attn: Christopher Hanchard, Purchasing Agent

1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

“RFP 2025-085, Diesel Fuel Deliveries for City of Waco” Proposals will be opened at 2:05 P.M. (Central Time) on February 10, 2025

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Proposers accept all risk of late delivery bids regardless of instance or fault. A proposal received after the submission deadline will not be considered and will be returned unopened to the submitter.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes. Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the pricing/cost or terms information. The modification should provide the addition, subtraction, or other modifications so that the final pricing/costs or terms will not be revealed to the City until the sealed proposal is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the proposer. The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the proposer may submit a new sealed proposal provided the new proposal is received prior to the closing date and time deadline stated on page 1. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period

A submission responding to this RFP signifies the vendor’s agreement that the submission and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful proposer.

F. Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the proposer and shall not be reimbursed in any manner by the City.

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G. Evaluation Procedures

The proposals will be initially reviewed and evaluated by a Project Review Committee. Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal.

H. Vendor Presentation

The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether proposers may be invited to make a formal presentation of their proposal and/or sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection

I. Evaluation Criteria

The following criteria will be used to evaluate the submittals (scoring points available):

RFP Scoring Criteria Scoring Points

Available

Price 40 Supply 15 Prior Experience 10 Delivery 10 Emergency Delivery and Emergency Off-site Fueling 10 Fuel Measurement and Invoice Reconciliation 15

TOTAL AVAILABLE POINTS 100

o Price (40 points): Proposer’s best pricing to enable the City to improve budget accuracy each fiscal year and to help control the annual fuel budget.

o Supply (15 points): Adequate supply resources for timely fuel deliveries.

o Prior Experience (10 points): Proposer’s Qualifications and Company History.

o Delivery (10 points): Proposer’s ability to supply and deliver fuel within 8 (eight) hours of notification, including holidays.

o Emergency Delivery and Emergency Off-site Fueling (10 points): Proposer's ability to work with the City to develop alternative interim fuel delivery solutions or off-site fueling in the event of a natural disaster or other emergencies that may disrupt normal fueling operations.

o Fuel Measurement and Invoice Reconciliation (15 points). Proposer’s reconciliation process to resolve significant discrepancies that may occur between the Contractor’s recorded fuel volume and the City’s recorded fuel volume.

J. Final Selection

Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the proposals.

(1) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers.

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K. Contact Award and Execution

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $100,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

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APPENDIX A

Scope of Services and Specifications / Pricing Form

(1) Detailed Scope of Services and Specifications

(2) Pricing Form - Rack Pricing

(3) Pricing Form - Firm Pricing

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Detailed Scope of Services and Specifications:

Fuel provided under this specification will be used for motor fleets owned and operated by the City of Waco for on or off-road purposes. A copy of the refiner's specification is to be submitted with the bid.

Applicable Specification: Motor fuels shall meet the appropriate designation for fuel type and grade under

ASTM (American Society for Testing and Materials) designation ASTM Standard D 4814 (Standard Specification for Automotive Spark-Ignition Engine Fuel) for gasoline, latest update. (See Appendix A) Vendor shall provide and deliver unleaded motor fuel in accordance with Federal, State of Texas, and City of Waco regulations and ordinances for the product of this type.

Regular Unleaded Grade Gasoline, per ASTM designation D4814, latest issue with minimum octane rating of 87 (R+M/2 method) with a high level of detergent additive as recommended for all engines with injection or conventional fuel systems. Alcohol "blends" MUST be pre-approved by City of Waco Fleet Services BEFORE any such product is delivered to any city facility.

Non-compliance of Product: Bidder is required to provide three independent tests of the product for each twelve-month period at the bidder’s expense. Testing will be conducted by an independent testing lab acceptable to the city, using samples pulled from city tanks. Products that do not meet specifications shall be removed from tanks and replaced with fuel that meets specifications at no charge to the city. Removal of any product requires re-testing of the new product at the bidder’s expense.

MSDS Sheets: MSDS Sheets will be supplied by the contracted vendor at the time of the FIRST delivery of product.

Usage Estimate:

Bidder agrees to furnish all requirements of the City of Waco during the contract period. The quantity listed is an estimate only, actual quantity ordered will be determined by fleet requirements and availability of funds. For Fiscal Year 2025, Annual Usage for Fleet Services, Public Works Solid Waste Division, and Waco Transit is approximately 631,696.30 gallons.

Availability:

Bidders are required to quote materials that will meet or exceed the minimum specifications herein. Default in promised availability or delivery without acceptable reasons, or failure to meet the specifications without remedy, shall cause the City at its option, to purchase the materials elsewhere, including the next lowest and best responsible bidder, in order, or alternate bidder, and if such next bidder or alternate bidder meets the specifications required. The purpose of this provision is to provide the most advantageous bid to the City, based upon the contractual term that the City will also consider factors other than the price when awarding contracts and may, under the terms of this contract, consider and accept an alternate bid as provided herein when most advantageous to the City. In any event, the City shall have the right to cancel for default all or any part hereof, including vendor’s warranties, or vendor’s insolvency, or vendor's commitment to acts of bankruptcy. In addition, the City—in accordance with the provisions of this contract—may terminate the performance of work under this order in whole or in part.

Pricing Options:

Base Proposal Pricing - Rack Plus Fuel Bid Pricing Terms:

Definitions: Information courtesy of the Oil Price Information Service, www.OPISnet.com.

1. PADD – Petroleum Administrative Defense District: Five areas defined by the Federal Government during the 1970s fuel crisis to ensure adequate and fair distribution of petroleum products.

2. PADD 3: The Gulf Coast states of Alabama, Arkansas, Louisiana, New Mexico, and Texas.

3. Over the Rack or Rack Market: Petroleum products sold at the wholesale level from a bulk station/storage facility. Refers to loading racks where tanker trucks fill up.

4. Selling Price: The selling price shall be based on a refiner's posted net terminal (rack) price and bidders’ profit and overhead (constant).

5. Posted Terminal Price: The posted net terminal rack price for Waco, Texas (OPIS Constant Daily Rack

Pricing for PADD 3) for the date shown on the Bid Sheet shall be used to determine the terminal rack price.

6. Profit and Overhead (constant): Bidder shall add a profit and overhead rate (constant) in dollars/cents per gallon in the appropriate Bid Sheet column. The profit and overhead rate (constant) shall not change throughout the contract period, while the posted net terminal rack price may fluctuate. Profit and overhead

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(constant) shall include all costs associated with the purchase, storage (if applicable), and delivery of the

7. State of Texas Petroleum Delivery Fee: Fee is NOT part of profit and overhead and shall be added to invoice as an itemized charge per the current state of Texas Schedule.

8. Pump off Charge: Bidder shall document in the Bid Sheet the pump off charge if applicable. This will be a determining factor as to which vendor is awarded the contract.

9. State and Federal Taxes: The City is exempt from certain State of Texas and Federal Use Tax; a tax exemption will be provided to the awarded vendor. Applicable taxes will be added to the invoice at the time of billing.

Alternate Pricing Option – Diesel Firm Price Terms:

1. Firm Pricing for Contract Term: The bidder agrees to provide the specified fuel product(s) at the firm price per gallon, which shall remain a firm price for the contract term, commencing on the date of contract award.

2. Firmness Period: Prices quoted in a vendor’s proposal submission must be held firm for a minimum of sixty

(60) days from the date of bid closing until award and shall remain firm for the contract term specified in this proposal.

4. Pricing Basis: Bidders will provide a single, all-inclusive price per gallon that includes all costs and delivery charges. All prices shall be F.O.B. destination; proposals quoting otherwise will be rejected. Proposer shall submit a firm price per gallon for the goods and services, which shall include all incidental costs, freight, fuel surcharges, and taxes. No separate line charges or price adjustments will be permitted during any contract period.

5. No Price Adjustments: The submitted prices shall not be subject to adjustment or increase due to changes in market conditions, operational costs, or any other factor during the contract term.

6. Renewal Term Pricing: For any renewal term, firm pricing will be subject to mutual agreement of both parties and may be re-evaluated at that time. However, once a renewal is executed, the renewal term price shall also be firm for the duration of that term.

7. State and Federal Taxes: The City is exempt from certain State of Texas and Federal Use Tax; a tax exemption will be provided to the awarded vendor. Applicable taxes will be added to the invoice at the time of billing.

8. Guaranteed Product Specifications: The bidder guarantees that the product offered shall meet or exceed minimum specifications identified in the Request for Bid (RFB) and will conform to all industry standards for the specified fuel type.

9. Diesel Fuel Usage: The City will purchase diesel fuel at a firm price, totaling 380,000 gallons per 12-month contract term. The City reserves the right to transition to the rack plus fuel purchase terms during a subsequent renewal period in any fiscal year for fuel purchased. Any fuel purchased in excess of 380,000 gallons during a contract term will be purchased at the rack plus pricing submitted as part of the vendor's proposal.

Emergency Off-Site Fueling:

• Having access to off-site fueling during emergency situations is important to the City. The City desires to have access to a site on a 24-hour, seven-day-per-week basis. If a bidder can provide access to fueling stations within the City of Waco at a site it maintains or has access to through some contractual relationship, please provide that information in your bid submission. Some of the emergency situations that can arise for the City include:

o When the City-owned system is not accessible, i.e., during system maintenance.

o When there is insufficient fuel available at Fleet Services to meet the needs of various City-owned equipment, and

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 17 of 83

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 18 of 81 o Other emergencies, as determined by Fleet Services, that require off-site fueling.

If a situation arises in which the City's fuel truck is out of service, the bidder should include in its submission whether it has access to a “bobtail” that can fuel City vehicles.

The availability of emergency off-site fueling options WILL be considered as part of the proposal evaluation.

Delivery & Invoicing:

Shipping Information: F.O.B. to the City of Waco.

Successful bidder shall deliver the material to the City of Waco locations as per instructions from Fleet

Services.

Deliveries shall be made within eight (8) hours of notification. For the purposes of this specification, a working day is defined as 7:30 a.m. to 5:00 p.m., Monday through Saturday, inclusive of holidays.

Delivery sites and tank capacities:

Location A, Fleet Services: 324 Colcord Ave. One bulk 12,000-gallon above-ground tank, equipped with an offload pump.

Location B, Public Works, Solid Waste Division: 11400 Old McGregor Road. One bulk 12,000-gallon above-ground tank, equipped with an offload pump.

Location C, Waco Transit: 301 S 8th Street. Two 12,000-gallon bulk above-ground tanks, equipped with an offload pump.

Invoicing and payment: Invoicing shall be based on proper measurement, net gallons, corrected for temperature verified by Bill of Lading. A delivery ticket must accompany each shipment and include the posted terminal price for the product shipped. Deliveries will be invoiced separately, and a copy of the posted terminal price shall accompany each invoice on the day of delivery. Failure to include the required documentation may delay payment or result in the cancellation of the contract.

The original invoice is to be sent to Finance at PO Box 2570, Waco, TX, 76702-2570.

One copy of the invoice shall be faxed to Fleet Services at 254-750-8470 or emailed to KatieV@wacotx.gov within 24 (twenty-four) hours following delivery.

Do not include Federal Excise, State or City Sales Tax. City shall furnish tax exemption certificates upon request.

Payment may be made through electronic funds transfer initiated by the City upon request.

Product Specifications:

Classification: Fuel provided under this specification will be used for motor fleets owned and operated by the

City of Waco for on or off-road purposes. A copy of the refiner's specification is to be submitted with the bid.

Applicable Specification: Motor fuel shall meet the appropriate designation for fuel type and grade under ASTM (American Society for Testing and Materials) designation ASTM Standard D975-05 diesel and/or the latest updates. (See Appendix A) Vendor shall provide and deliver diesel motor fuel in accordance with Federal, State of Texas, and City of Waco regulations and ordinances for the product of this type. “Biodiesel” or other diesel blends MUST be pre-approved by City of Waco Fleet Services BEFORE any such product is delivered to any city facility.

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 18 of 83

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 19 of 81

Diesel Fuel, S15, No.2D, Ultra Low Sulfur, ASTM designation D975, latest issue.

Non-compliance of Product: Bidder is required to provide three independent tests of the product for each twelve-month period at the bidder’s expense. Testing will be conducted by an independent testing lab acceptable to the city, using samples pulled from city tanks. Products that do not meet specifications shall be removed from tanks and replaced with fuel meeting specifications at no charge to the city. Removal of any product shall require re-testing of the new product at the bidder’s expense.

MSDS Sheets: MSDS Sheets will be supplied by the contracted vendor at the time of the FIRST delivery of

Contract Changes:

The contract shall be modified only by a written contract amendment signed by the City Manager, Assistant

City Manager, or Director of Fleet Services and persons duly authorized to enter into contracts on behalf of the Contractor.

No right or interest in the contract or monies due thereunder shall be assigned in whole or in part without the written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Director of Purchasing & Contract Management, which may be withheld for good cause.

Any assignment or delegation made in violation of this section shall be void.

Any contract resulting from the RFP shall be awarded with the understanding that it is for the sole convenience of the City of Lubbock. The City reserves the right to purchase fuel from other sources on an emergency basis when immediate supply from stock by the Contractor is not possible.

Pre-Award:

Prior to awarding a Contract, the City reserves the right to visit the premises of any Offeror under consideration for an award. The City may conduct a site visit during the evaluation process to determine whether the Offeror has the necessary facilities, equipment, inventory, licenses, registrations, permits, and qualified personnel to perform according to the Scope of Work. Offerors, who in the City’s opinion do not have the resources to perform, will not be considered for Contract award, regardless of their pricing. The Offeror shall furnish, without additional charge, all reasonable assistance to the City to facilitate the site visit.

Intent:

It is the intent of the City of Waco to purchase motor fuels at the lowest cost. To facilitate this, the successful bidder is to make every effort to purchase base fuels from the area's lowest-priced terminals. The terminal selected by the successful bidder during the contract period shall not have a posted terminal price higher than

Product Property Specification ASTM Method Cetane Number 40 minimum D976 Total Sulfur, % weight 15 maximum D7309 Distillation: 90% point, deg "F" 540min/640 max D86 Flash Point, deg "F" 126min D93 Viscosity, centistoke 104 deg "F" 1.9 - 4.1 D445 Copper Strip Corrosion 3 Hrs @ 122 deg "F" No 3 maximum D130 Ash, % weight 0.01 maximum D482 Carbon Residue, wt.% 0.35 maximum D4530 Water & Sediment free of as per ASTM D975

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 19 of 83

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 20 of 81 the lowest Waco area terminal. The bidder may deliver fuels from other terminals to ensure product availability.

A bidder may not, however, price the product higher than the lowest Waco area terminal except when the posted terminal cannot provide the product. A listing of the posted terminal price where the product is pulled, and the lowest Waco terminal is to be submitted to the contract administrator with an invoice for validation of this requirement.

The City does currently use Gasohol E10 (a fuel mixture of 10% ethanol and 90% gasoline) fuel at this time.

The City does not currently contemplate the use of E15 or E85. However, future statutory or regulatory requirements may necessitate their use. Please include whether or not your company has access to these fuel blends. See OFFICIAL BID SHEET

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 20 of 83

CITY OF WACO

RFP 2025-085

Vendor City, State Minority/Woman Owned

Item No. Description Response

1.0

Diesel No. 2 Grade in Transport Deliveries.

Transport Load = 7400 Gallons. 10/1/2024 – 9/30/2025, Approximate Annual Quantity:

631,696.30 gallons

1.1 Terminal Price/Gallon

Constant: (Profit + Overhead) per Gallon

1.2.1 Diesel:

Daily Rack Price: cents/gallon Federal Oil Spill Trust Fund: cents/gallon Federal Lust Tax Blended Gas: cents/gallon Texas Diesel Tax: cents/gallon Constant Markup:* cents/gallon Pump off charge: cents/gallon *Constant markup price should include freight.

1.3 Selling Price/Gallon for January 9, 2026.

1.4 Branded/unbranded fuel (Circle one) Yes - No

1.5 Primary Terminal name and location:

1.6 Other terminals you are permitted to purchase from for Diesel No. 2:

2.0 Diesel No. 2 Grade in Tank-Wagon Deliveries.

Estimated Annual Quantity: included in item OBS

1.0. Typical delivery is 1,200-2,100 gallons.

2.1 Terminal Price/Gallon

Constant: (Profit + Overhead) per Gallon

2.2.1 Diesel:

Daily Rack Price: cents/gallon Federal Oil Spill Trust Fund: cents/gallon Federal Lust Tax Diesel: cents/gallon Texas Diesel Tax: cents/gallon Constant Markup:* cents/gallon Pump off charge: cents/gallon

*Constant markup price should include freight.

2.3 Selling Price/Gallon for January 2021.

2.4 Branded/unbranded fuel (Circle one) Yes - No

2.5 Primary Terminal name and location:

3.0 Emergency Off-site Fueling: Please list address/locations of any off-site fueling stations that you can provide:

Emergency Off-site Fueling Fee's: Please list an "fee's" and/or "markup" (per gallon charge) that you would require for the use of those off-site facilities listed above:

3.1.1 Diesel:

Daily Rack Price: cents/gallon State Tax: cents/gallon Freight: cents/gallon Load Fee: cents/gallon Markup: cents/gallon

4.0 Pump off Charge

Early Payment Terms: a) Bidder may offer an early payment discount by filling in the blanks in section b below. City may accept an early payment discount, but in doing so, City does not waive any of its rights under Texas Government Code Section 2251 (Prompt Payment Act).

b) Payment is due thirty (30) DAYS after acceptance of order and receipt of an original invoice, but a ______ percent early payment discount is offered for full payment made within ______(__) DAYS after acceptance of order and receipt of an original invoice.

3.1

5.0

Diesel Fuel Rack Plus Pricing Terms

1.2

2.2

RFP No. 2025-085 Diesel Fuel Deliveries for City of WacoPage 21 of 83

CITY OF WACO

RFP 2025-085

Vendor City, State Minority/Woman Owned

Item No. Description Response

1.0

Diesel No. 2 Grade in Transport Deliveries.

Transport Load = 7400 Gallons. 10/1/2024 – 9/30/2025, Approximate Annual Quantity:

631,696.30 gallons

1.1 Firm Diesel Price/Gallon:

1.2 Selling Price/Gallon for January 9, 2026

1.3 Branded/unbranded fuel (Circle one) Yes - No

1.5 Primary Terminal name and location:

1.6 Other terminals you are permitted to purchase from for Regular Grade Unleaded:

Early Payment Terms: a) Bidder may offer an early payment discount by filling in the blanks in section b below. City may accept an early payment discount, but in doing so, City does not waive any of its rights under Texas Government Code Section 2251 (Prompt Payment Act).

b) Payment is due thirty (30) DAYS after acceptance of order and receipt of an original invoice, but a ______ percent early payment discount is offered for full payment made within ______(__) DAYS after acceptance of order and receipt of an original invoice.

Diesel Fuel Firm Pricing Terms

2.0

RFP No. 2025-085 Diesel Fuel Deliveries for City of Waco Page 22 of 83

APPENDIX B

Contract Requirements

Please be advised:

The City of Waco mandates that the successful bidder submit the following documents before the official contract is awarded.

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB 89 Energy Form

(8) HB 89 Firearms Form

(9) HB 89 Israel Form

(10) House Bill 1295 Information Sheet

(11) Foreign Terrorist Organization Form

(12) Protest Procedure

(13) Sample Contract

(14) Registered with the Texas Secretary of State

(15) W-9 Taxpayer Identification Form

(16) Electronic Funds Transfer Authorization (EFT Form)

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General Waco Terms and Conditions

(a) Applicable Law and Venue. This solicitation and any resulting contract will be governed and construed according to the laws of the State of Texas. The terms and conditions of the contract awarded pursuant to the solicitation are fully performable in McLennan County, Texas and venue for any dispute regarding contract shall be in McLennan County, Texas.

(b) Arbitration / Mediation. The City of Waco will not agree to binding or mandatory arbitration or mediation.

(c) Conflict of Interest. Vendor agrees to comply with the conflict of interest provisions of the Waco City Charter, Waco Code of Ordinances, and/or state law. Vendor agrees to maintain current, updated disclosure of information on file with the Purchasing Services Division throughout the term of the contract.

(d) Gratuities. The City may, by written notice to the Vendor, cancel this contract without liability to the City, if it is determined by the City that gratuities have been offered to any officer or employee of the City with a view toward securing a contract, securing favorable treatment with respect to the awarding, amending, or the making of any determinations in respect to the performance of such a contract. In the event this contract is canceled by City as set forth in this paragraph, the City shall be entitled to recover from Vendor all additional costs incurred by City as a result of the cancellation.

(e) Unfunded Liability. City's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by City. The City will not incur a debt or obligation to pay selected bidder any amounts the City does not have the current funds available to pay, unless the contract includes a provision for the City to appropriate funding for the debt or obligation.

(f) Advance Payments. The City will not make advance payments to a selected firm or any third party pursuant to this solicitation or resulting contract.

(g) Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected firm.

(h) Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

(i) Limitation of Liability. The City of Waco will not agree to an artificial limitation of liability (e.g. liability limited to contract price or liability capped at an amount actually paid in previous 3 months, etc.) or an artificial statute of limitations (e.g. any lawsuit must be commenced within one year of the event).

(j) Waiver. No claim or right arising out of a breach of the contract resulting from this solicitation can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

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(k) Right To Assurance. Whenever one party to this contract in good faith has reason to question the other party's intent to perform, that party may request that the other party give written assurance of his intent to perform. In the event that a request is made and no assurance is given within five (5) days, the requesting party may treat this failure as an anticipatory repudiation of the contract.

(l) Attorney’s fees; Legal Costs. The City will not agree to pay the selected firm’s attorney’s fees or other legal costs under any circumstances.

(m) Advertising. Vendor shall not advertise or publish, without City's prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

(n) Arrears In Taxes. Article VII. Taxation, Section 8, of the City of Waco Home Rule Charter states: The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person,…