2026-040 Generator Fuel One-Time Delivery.pdf

Prepared: 6/29/2026 Issued: 7/2/2026

City of Fulshear Invitation for Bid

Generator Fuel – One-Time Delivery

BID 2026-040

SUBMIT BIDS ELECTRONICALLY TO: SUBMIT NO LATER THAN:

City of Fulshear Tuesday, July 28th 2026 Purchasing Division 2:00 PM (Central)

WWW.PUBLICPURCHASE.COM

Results will not be given by phone. Requests for information must be in Results will be provided to bidder in writing writing and directed to:

after City Council award. www.publicpurchase.com

Vendor Responsibilities:

Download and complete any addendums. (Addendums will be posted on www.publicpurchase.com no

Later than 72 hours prior to bid opening) Submit response in accordance with requirements stated on the cover of this document.

DO NOT submit responses via email or fax.

Bid tabulation will be available after the award by City Council.

Initials: _____________

1.0 GENERAL REQUIREMENTS:

1.1 Read this entire document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you understand them.

1.2 These General Requirements apply to all advertised bids and shall be interpreted in accordance with Section 26.0 Governing Documents.

1.3 Governing Law: Bidder is advised that these requirements shall be fully governed by the laws of the State of Texas and that the City of Fulshear may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements.

1.4 Bid Form Completion: Fill out, sign, and return to the City of Fulshear Purchasing

Division one (1) complete bid form electronically to www.publicpurchase.com.

An authorized representative of the Bidder must sign the Contract Sheet. The Contract will be binding only when signed by the City Manager of the City of Fulshear or other person authorized by the City of Fulshear City Council and a purchase order authorizing the item(s) or service(s) desired has been issued. The use of corrective fluid is not acceptable and may result in the disqualification of bid. If an error is made, the Bidder must draw a line through error and initial each change.

1.5 Bid Returns: Bidders must return all completed bids to the City of Fulshear

Purchasing Division, electronically, to www.publicpurchase.com no later than 2:00 P.M. (Central) on the date specified. Late bids will not be accepted. Bids must be submitted electronically to www.publicpurchase.com. Submissions received by any other method will be deemed non-responsive.

1.6 Addenda: No interpretation of the meaning of the drawings, specifications, or other bid documents will be made to any bidder orally. All requests for such interpretations must be made in writing through www.publicpurchase.com to the Purchasing Administrator.

Any and all interpretations and supplemental instructions will be issued in the form of written addenda and posted on www.publicpurchase.com. Addenda will be issued only by the City of Fulshear Purchasing Division and shall become part of the contract documents.

It is the sole responsibility of each bidder to ensure receipt of all addenda.

Addenda will not be issued later than seventy-two (72) hours prior to the bid opening unless the bid opening is extended. In the event of a material addendum, the City reserves the right to extend the bid opening date. Deadline for submission of questions is Monday, July 16th, 2026, at 10:00 AM (Central).

1.7 References: Bidders shall provide at least three (3) references from clients for whom similar work has been successfully performed. References must include client name, contact person, and telephone number. Failure to provide references may be grounds for determining bidder responsibility. Bidders should utilize the attached Client Reference Form, which has been attached and incorporated hereto as Exhibit A.

1.8 Bid Bond: Not Applicable

1.9 Material Safety Data Sheets: Under the "Hazardous Communication Act," commonly known as the "Texas Right to Know Act," a Bidder must provide to the City of Fulshear, with each delivery, material safety data sheets, which are applicable to hazardous substances defined in the Hazardous Communication Act.

Bidders are obligated to maintain a current, updated file in the City of Fulshear Purchasing Division. Failure of the Bidder to maintain such a file will be cause to reject any bid applying thereto.

1.10 Pricing: Prices for all goods and services shall be firm for the duration of this

Contract and shall be stated on the bid sheet. Prices shall be all inclusive. No price changes, additions, or subsequent qualifications will be honored during the course of the Contract. All prices must be written in ink or typewritten. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, the Bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items.

1.11 Term Contracts: If the Contract is intended to cover a specific time period, said time will be given in the specifications under scope.

1.12 Recycled Materials: The City of Fulshear encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. The City of Fulshear will be the sole judge in determining product preference application.

1.13 Evaluation: Award will be made to the lowest responsive and responsible bidder based on the Total Base Bid. The City reserves the right to consider bidder responsibility, including experience, past performance, and ability to perform the work. A responsive bid is one that complies with all material requirements of this solicitation.

1.14 Disqualification of Bidder: Upon signing this bid document, a Bidder offering to sell supplies, materials, services, or equipment to the City of Fulshear certifies that the Bidder has not violated the antitrust laws of this State, codified in Chapter 15 of the Business and Commerce Code, or any Federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the

City of Fulshear believes that collusion exists among the Bidders. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by a Bidder and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that Bidder will be withdrawn.

However, nothing herein prohibits a vendor from submitting multiple bids for different products or services.

1.15 Awards: The City of Fulshear reserves the right to reject any or all bids, to waive minor informalities or irregularities, and to award a contract to the lowest responsive and responsible bidder in accordance with Section 1.13 of this solicitation.

1.16 Contract Obligation: The City of Fulshear City Council must award the Contract, and the City Manager or other person authorized by the City of Fulshear City Council must sign the Contract before it becomes binding on the City of Fulshear or the Bidders. Department heads are not authorized to sign agreements for the City of Fulshear. Binding agreements shall remain in effect until all products or services covered by this purchase have been satisfactorily delivered and accepted.

2.0 SCOPE:

The City of Fulshear is soliciting bids from qualified vendors to furnish and deliver diesel fuel for the City's emergency generator in accordance with the requirements of Exhibit B. The selected vendor shall provide all labor, equipment, transportation, and incidentals necessary to complete the one-time fuel delivery.

3.0 PRE-BID CONFERENCE:

Not Applicable

4.0 LIQUIDATED DAMAGES:

5.0 COMPLETION TIME & PAYMENT:

5.1 The City of Fulshear shall pay the selected Bidder, in current funds for the selected Bidder’s performance of the Contract, the contract sum, as stated herein, after receipt of a purchase order issued by the City of Fulshear Purchasing Administrator.

5.2 Based upon invoices submitted to the City of Fulshear’s Finance Department, the

City of Fulshear shall make progress payments on account of the contract sum to the selected Bidder as provided below and elsewhere in the Contract documents.

Payment timelines apply only to invoices that have been reviewed and approved in accordance with Section 5.2.5

5.2.1 The period covered by each invoice shall be one calendar month ending on the last day of the month.

5.2.2 Provided an invoice is received by the City of Fulshear Finance Department not later than the 15th day of a month, the City of Fulshear shall make payment to the Contractor not later than the 15th day of the next month. If an invoice is received by the City of Fulshear Finance Department after the invoice deadline fixed above, payment shall be made by the City of Fulshear not later than 30 days after the City of Fulshear Finance Department receives the invoice.

5.3 The selected Bidder will permit the City of Fulshear, or any duly authorized agent of the City of Fulshear, to inspect and examine the books and records of the selected Bidder for the purpose of verifying the amount of work performed under the Contract. The City of Fulshear’s right to inspect survives the termination of the Contract for a period of five (5) years.

5.4 This requirement applies to post-award invoicing only. Invoices should be submitted electronically to:

Attn: Accounting Email: accounting@fulsheartexas.gov

5.4.1 If the City of Fulshear reasonably disputes any invoice, the City of

Fulshear shall timely pay the undisputed portion of the invoice and promptly notify the selected Bidder, in writing, of the nature of the dispute as to the remainder, and the parties will use their best efforts to resolve the dispute expeditiously.

5.5 Budget: Bidders understand and acknowledge that the funding of this project is contained in the City of Fulshear’s annual budget and is subject to the approval of the City of Fulshear City Council in each fiscal year. Bidders further agree that should the City Council of the City of Fulshear fail to approve a budget that includes sufficient funds for the continuation of this project, or should the City of Fulshear City Council fail to certify funds for any reason, then and upon occurrence of such event, the Contract shall automatically terminate as to the City of Fulshear, and the City of Fulshear shall then have no further obligation to the selected Bidder. When the funds budgeted or certified during any fiscal year by the City of Fulshear to discharge its obligations under the Contract are expended, the selected Bidder’s sole and exclusive remedy shall be to terminate the Contract.

6.0 LIMIT OF APPROPRIATION:

Prior to the execution of this Contract, the selected Bidder has been advised by the City of Fulshear and the selected Bidder clearly understands and agrees, such understanding and agreement being of the absolute essence to this Contract, that the City of Fulshear shall have available only those funds specifically allocated in this Contract to fully discharge any and all liabilities which may be incurred by the City of Fulshear in bringing this project to an absolute conclusion, resulting in a complete, fully furnished, fully equipped, and fully usable facility, and that the total of any and all basic construction costs, costs of providing the required services and materials, all fees and compensation of any sort to the selected Bidder, and any and all costs for any and all things or purposes coming inuring under or out of this Contract, irrespective of the nature thereof, shall not exceed said specifically allocated sum, notwithstanding any word, statement or thing contained in or inferred from the preceding provision of this Contract which might in any light by any person be interpreted to the contrary.

7.0 RIGHT TO ASSURANCE:

Whenever the City of Fulshear, in good faith, has reason to question the selected Bidder’s intent to perform, the City of Fulshear may demand that the selected Bidder give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the City of Fulshear may treat this failure as an anticipatory repudiation of the Contract.

8.0 PERFORMANCE, PAYMENT, & MAINTENANCE BONDS:

9.0 POWER OF ATTORNEY:

10.0 INSURANCE AND INDEMNIFICATION:

10.1 To the extent allowed by law, the selected Bidder (the “Contractor”)

INDEMNIFIES and HOLDS HARMLESS the City of Fulshear, its officers, agents, and employees against all costs and expenses, including, without limitation, attorneys’ fees and costs of investigation and defense, as well as legal liability, whether from suit, judgment, settlement or otherwise arising out of any or all claims for injury to persons or property, including but not limited to injuries resulting in death, arising from, or caused by, or incident to any wrongful or negligent act of the Contractor, the Contractor’s agents, invitees, servants, and employees upon the property of the City, or arising or resulting from any intentional tort or intellectual property infringement for which the Contractor is responsible, or for any failure to pay a subcontractor or supplier relating to the performance of Services under this Agreement. Any language to the contrary notwithstanding, the covenants and agreements contained in this paragraph survive the termination of this Agreement for whatever cause.

10.2 Commercial General Liability Insurance: Contractor must maintain comprehensive commercial general liability insurance, covering the City of Fulshear and the Contractor for liability for property damage, bodily injury, personal injury, and death. The insurance provided under this Contract must be in the amount of not less than $2,000,000 per occurrence for property damage and not less than $2,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Contractor and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and (iii) contractual liability coverage insuring the obligations of the Contractor under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

10.3 Umbrella Liability: Contractor must maintain umbrella liability insurance, covering the City of Fulshear and the Contractor for liability for property damage, bodily injury, personal injury and death. The insurance provided under this Contract must be in the amount of not less than $2,000,000 per occurrence for property damage, including loss of use thereof, and not less than $2,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Contractor and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and (iii) contractual liability coverage insuring the obligations of the Contractor under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

10.4 Not Applicable

10.5 Workers Compensation and Employer’s Liability. Contractor must maintain workers compensation insurance to protect against claims under Texas Workers Compensation laws as well as all Federal acts applicable to Contractor’s operations on City property. The limit of liability for such coverage must at least meet applicable statutory requirements. Additionally, each policy must contain an endorsement waiving all rights against the City of Fulshear and the City of Fulshear’s respective agents and employees. Contractor must maintain employer’s liability insurance in the minimum amount of $1,000,000 per occurrence for personal injury, bodily injury, or death to any employee of the Contractor who may bring a claim outside the scope of the Texas Worker’s Compensation laws or Federal acts applicable to the Contractor’s operation on City of Fulshear property.

Each policy must contain an endorsement waiving all rights of subrogation against the City of Fulshear and the City of Fulshear’s respective agents and employees.

10.6 Waiver of Subrogation: The parties agree to waive any and all rights of recovery, claims, actions, or causes of action against the other, its agents, officers, and employees for any injury, death, loss, or damage that may occur to persons or to City of Fulshear property, or any personal property of such party on City of Fulshear property, by reason of fire, windstorm, earthquake, flood, or any other risks, or any other cause which is insured under the insurance policy or policies that either party is required to provide or maintain under this Contract, to the extent and only to the extent of any proceeds actually received by the City of Fulshear or the Contractor, respectively, with respect thereto, regardless of the cause or origin, including negligence of either party hereto, its agents, officers, or employees, and each party covenants that no insurer will hold any right of subrogation against the other. If such waiver is not obtained, the party failing to do so indemnifies the other party for any claim by an insurance carrier arising out of subrogation.

10.7 Insurance Requirements: The phrases “Required Policy” and “Required Policies” mean each policy of insurance required to be maintained by the Contractor under the terms of this Contract. Each Required Policy must be written by a company satisfactory to the City of Fulshear but, in all events, a company with an A.M.

Best Company financial rating of not less than A:XII (or a similar rating by a comparable service selected by the City of Fulshear should A.M. Best Company cease providing such ratings) and be licensed to do business in Texas or, if the aforesaid is not available, by a company qualified to do business as a non-admitted insurer in Texas under current Texas surplus lines requirements. Such policies must be endorsed so as to require thirty (30) days’ prior written notice to the City of Fulshear in the event of cancellation, non-renewal, or material change.

Required Policies must contain cross-liability clauses, when applicable and available. The Contractor must deliver to the City of Fulshear a certificate of insurance for any Required Policy no later than five (5) business days after the award of this Contract. The required evidence of coverage must always be deposited with the City of Fulshear. If the Contractor fails to do so, such failure may be treated by the City of Fulshear as a default by the Contractor, and the City of Fulshear, in addition to any other remedy under this Agreement, may purchase and maintain such Required Policy, and the Contractor must immediately reimburse the City of Fulshear for any premiums paid or costs incurred by the City of Fulshear in providing such insurance. Failure of the Contractor to reimburse the City of Fulshear is a default by the Contractor under this Agreement.

10.8 Indemnity for Noncompliance with Insurance Requirements: Contractor

INDEMNIFIES and HOLDS HARMLESS the City of Fulshear from any loss the Contractor may suffer due to the Contractor’s failure to comply with all the above insurance requirements, including the requirement for obtaining waivers of subrogation, and due to any insurance coverage being invalidated because of the

Contractor’s failure to comply with the terms, conditions, and warranties of any Required Policy.

10.09 No Indemnification by the City: The Contractor and the City of Fulshear expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City of Fulshear is invalid. Nothing in this Contract requires that the City of Fulshear incur debt, assess or collect funds, or create a sinking fund.

11.0 PREVAILING WAGES:

12.0 FEDERAL REQUIREMENTS

Not Applicable

13.0 PERMITS:

Not Applicable

14.0 VENUE AND GOVERNING LAW

This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action, suit, or proceeding arising out of or related to this Contract shall lie exclusively in Fort Bend County, Texas. The parties expressly agree that Fort Bend County, Texas is the proper venue for such actions and waive any objection to venue in that county.

15.0 TERMINATION:

15.1 Termination: The City, upon giving thirty (30) days’ written notice to the Contractor, may terminate this Contract for any reason, without cause, or simply for convenience. The Contractor, upon giving thirty (30) days’ written notice to the City, may terminate this Contract for cause.

Termination of this Agreement shall release each party from all obligations of this Agreement unless otherwise specified herein.

In the event of termination for convenience, the Contractor shall be compensated for work performed, materials ordered, and reasonable demobilization costs incurred up to the date of termination.

15.2 Obligations of Contractor Upon Termination. Upon termination of this Contract, the Contractor shall promptly return to the City all information, files, documentation, media, related material, and any other material that is owned by the City, as well as any work product in progress. The Contractor shall also cause the Project property or Project properties to be left in an organized and tidy manner and without hindrance to entry or use.

15.3 Obligations of City Upon Termination: Upon termination of this Contract, the

City of Fulshear’s sole obligation shall be the payment of any valid, outstanding invoices and any work that has not yet been invoiced but was performed prior to the effective date of termination. The Contractor agrees to render a final invoice to the City of Fulshear for services performed by the Contractor prior to termination of this Contract within thirty (30) days after completion of the services performed.

16.0 COMPLETION, TRANSFER, & ACCEPTANCE:

The Project shall be considered complete upon successful delivery of the required diesel fuel, inspection by the City, and written acceptance by the City's authorized representative.

17.0 SUSPENSION BY CITY OF FULSHEAR FOR CONVENIENCE:

17.1 The City of Fulshear may, without cause, order the Contractor in writing to suspend, delay, or interrupt the Project in whole or in part for such period of time as City of Fulshear may determine.

17.2 An adjustment shall be made for increase in the cost of performance, caused by suspension, delay, or interruption. No adjustment shall be made to the extent:

17.2.1 That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible.

17.2.2 That an equitable adjustment is made or denied under another provision of this Contract.

17.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.

18.0 INDEPENDENT CONTRACTOR:

The Contractor shall be an independent contractor and any provision of this Contract that may appear to give the City of Fulshear the right to direct the Contractor as to the details of the manner of doing the Project shall be deemed to mean that the Contractor shall follow the desires of City of Fulshear in the results of the Project only and not in the means whereby the Project is to be accomplished. The Contractor shall be responsible as to the details of completing the

Project. Neither the agents, representatives, nor employees of the Contractor shall be deemed to be the agents, representatives, or employees of City of Fulshear. The Contractor shall act in good faith and in the best interests of the City in performing the Work with respect to the City of Fulshear and will, to its best abilities, act in the best interests of the City of Fulshear and the timely completion of the Project. The Contractor agrees and understands that neither it nor any of its agents or employees may act in the name of the City of Fulshear except and unless specifically authorized in writing by the City of Fulshear to do so. The Contractor shall furnish all services necessary to complete the delivery in accordance with the Contract Documents.

19.0 NOTICE:

19.1 All written notices, demands, and other papers or documents to be delivered to the City of Fulshear under this Contract shall be delivered to the Finance Department, Attn: Purchasing Administrator, P.O. Box 279, Fulshear, Texas 77441, or at such other place or places as the City of Fulshear may from time to time designate by written notice delivered to the Contractor. For purposes of notice under this Contract, a copy of any notice or communication hereunder shall also be forwarded to the following address: City of Fulshear, P.O. Box 279 Fulshear, Texas 77441, Attention: City Manager.

19.2 All written notices, demands, and other papers or documents to be delivered to the

Contractor under this Contract shall be delivered to the Authorized Representative identified in the Contract documents or such other place or places as the Contractor may designate by written notice delivered to the City of Fulshear.

20.0 RECORDS:

20.1 The City of Fulshear shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches, and other documents prepared pursuant to the Contract by Contractor.

20.2 The Contractor agrees to maintain and preserve for a period of at least five (5) years after the earlier of the expiration of the defects period or termination of this Contract accurate and complete records relating to the performance of the Project.

The Contractor agrees to, upon request, provide the City of Fulshear with such records.

21.0 SUCCESSORS & ASSIGNS:

21.1 The City of Fulshear and the Contractor bind themselves and their successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Contract.

21.2 Neither the City of Fulshear nor the Contractor shall assign, sublet, or transfer its interest in this Contract without the prior written consent of the other.

21.3 Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public or governmental body that may be a party hereto.

22.0 PUBLIC CONTACT:

Contact with the news media, citizens of the City of Fulshear, and governmental agencies shall be the sole responsibility of City of Fulshear. Under no circumstances, whatsoever, shall the Contractor release any material or information developed in the performance of its services hereunder without the express written permission of the City of Fulshear, except where required to do so by law.

23.0 MODIFICATIONS:

This instrument contains the entire Contract between the parties relating to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent written modification signed by both parties hereto.

24.0 SILENCE OF SPECIFICATIONS:

In the event of an apparent omission or lack of detail in the specifications, the Contractor shall provide all materials, labor, and workmanship necessary to complete the Work in accordance with the intent of the Contract Documents.

All work shall conform to applicable industry standards and accepted industry practices.

Any questions regarding missing or unclear information shall be submitted to the City for clarification prior to proceeding with the Work.

25.0 SEVERABILITY:

In the event one or more of the provisions contained in these requirements or the specifications shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and these requirements or the specifications shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

26.0 GOVERNING DOCUMENTS:

In the event of a conflict between the Invitation for Bid (IFB) and the Technical Specifications:

The IFB shall govern all procurement and bidding requirements, including but not limited to bid submission, deadlines, bonds, and award procedures.

The Technical Specifications (Exhibit B) shall govern the fuel type, delivery requirements, materials, and performance requirements. In the event of a conflict between drawings and specifications, the more stringent requirement shall apply.

27.0 TAX EXEMPT:

City of Fulshear is exempt from state and local sales and use taxes under Section 151.309 of the Texas Tax Code. This Contract is deemed to be a separate contract for Texas tax purposes, and as such, the City of Fulshear hereby issues its Texas Exemption for the purchase of any items qualifying for exemption under this Contract. Contractor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, contractor should state these items at cost.

28.0 ENTIRE AGREEMENT:

This Invitation for Bid (IFB), together with all attached exhibits, specifications, plans, and other contract documents, constitutes the entire agreement between the Parties relating to the subject matter herein. All prior negotiations, discussions, correspondence, and understandings between the Parties are superseded by this Contract.

The Contract Documents include, but are not limited to, the following:

The City of Fulshear Invitation for Bid (this document) Exhibit A – Client Reference Form Exhibit B – Bid Form .

29.0 TEXAS ETHICS COMMISSION FORM 1295:

29.1 Effective January 1, 2016, all contracts executed by City Council, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested Parties," per Section 2252.908 of the Government Code. All vendors submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Form 1295 online through the State of Texas Ethics Commission website. Please visit:

https://www.ethics.state.tx.us/filinginfo/1295/

29.2 On-line instructions:

29.2.1 Name of governmental entity is to read: City of Fulshear.

29.2.2 Identification number used by the governmental entity is: 2026-040

29.2.3 Description is the title of the solicitation: Generator Fuel – One-Time Delivery.

29.3 Apparent low bidder(s) will be required to provide the Form 1295 within three (3) calendar days from notification; however, if your company is publicly traded you are not required to complete this form.

30.0 STATE REQUIREMENTS FOR CONTRACTS:

The contents of this section are required by Texas Law or are necessary in order for the City of

Fulshear to participate in this Contract. The following are included by the City of Fulshear regardless of content:

30.1 Budget. The Parties understand and acknowledge that the funding for payment of the Services is contained in the City’s annual budget and is subject to the approval of the City’s governing body in each fiscal year. The Parties further agree that should the City’s governing body fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or should the City’s governing body fail to certify funds for any reason, then and upon occurrence of such event, this Agreement shall automatically terminate as to the City, and the City shall then have no further obligation to the Contractor (“Service Provider”). When the funds budgeted or certified during any fiscal year by the City to discharge its obligations under this Agreement are expended, the Service Provider’s sole and exclusive remedy shall be to terminate this Agreement.

30.2 No Israel Boycott. The Service Provider hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, termination of business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

30.3 Foreign Terrorist Organizations. The Service Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

30.4 Immigration. Service Provider represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.)

and all subsequent immigration laws and amendments.

30.5 Undocumented Workers. Service Provider certifies that Service Provider does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Service Provider is convicted of a violation under 8 U.S.C. § 1324a(f), Service Provider shall repay the amount of the public subsidy provided under this Agreement, plus interest, at the rate of the prime rate plus six percent (6%) per annum, not later than the 120th day after the date the City notifies Service Provider of the violation.

30.6 Human Trafficking. By acceptance of this Contract, Contractor acknowledges that the City of Fulshear is opposed to human trafficking and that no City of Fulshear funds will be used in support of services or activities that violate human trafficking laws.

30.7 Nondiscrimination Against Firearm and Ammunition Industries. Service Provider verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the Term of this Agreement against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

30.8 Anti-Boycott of Energy Companies. Service Provider verifies that it does not boycott energy companies and will not boycott energy companies, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 13, 87th Legislature, Regular Session, during the Term of this Agreement.

30.9 Public Information Act. Information, documentation, and other material in connection with this Agreement may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).

Effective January 1, 2020, the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Service Provider agrees that this Agreement can be terminated if the Service Provider knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent, if any, that any provision of this Agreement is in conflict with Texas Government Code, Chapter 552, as amended (the “Texas Public Information Act”), such provision shall be void and have no force or effect.

In accordance with Section 2252.907 of the Texas Government Code, the Service Provider is required to make any information created or exchanged with the City pursuant to this Agreement, regardless of contrary provisions contained herein, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the City.

30.10 Prohibited Access to Critical Infrastructure. Service Provider verifies that it does not contract with certain foreign-owned companies in connection with critical infrastructure and will not contract with certain foreign-owned companies in connection with critical infrastructure, as those terms are defined Chapter 113, Subtitle C, Title 5 of the Business & Commerce Code, as enacted by S.B. 2116, 87th Legislature, Regular Session, during the Term of this Agreement.

30.11 No Indemnification by the City. The Service Provider and the City expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City is invalid. Nothing in this Agreement requires that the City incur debt, assess or collect funds, or create a sinking fund.

30.12 Force Majeure. In the event either party is rendered unable, wholly or in part, by force majeure to carry-out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided, but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected shall give notice and full particulars of such force majeure to the other party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term “force majeure,” as used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or similar civil disturbances, acts of the public enemy, orders of any kind of the government of the United States of America or of the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, and other inabilities of any party, whether similar or those enumerated or otherwise, which are not within the reasonable anticipation or control of the party claiming such inability, which such party should not have avoided by the exercise of due diligence and care.

30.13 Notices. All notices, demands, or requests from one party to another must be in writing and must be (i) personally delivered, (ii) sent by mail, certified or registered, postage prepaid, (iii) sent by facsimile transmission, or (iv) sent by overnight delivery, in any case to the address stated in this Section, or to such other address as the party may request in writing, and are deemed to have been given at the time of receipt or delivery.

IF TO CITY:

Attn: Purchasing Administrator 6611 West Cross Creek Bend Ln.

Fulshear, Texas 77441 Email: cleal@fulsheartexas.gov

IF TO CONTRACTOR:

Name: ___________________________________ Attn: _____________________________________

Mailing Address: ___________________________ Email: ____________________________________

30.14 Applicable Law and Forum. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws principles thereof. The Parties agree and acknowledge that this Agreement may not cover all applicable laws or laws that the City may be required to follow.

Any action or suit related to this Agreement must be brought in the state or Federal courts sitting in Fort Bend County, Texas.

31.0 ENCLOSURES:

32.0 SPECIFICATIONS AND PRICING:

Pricing shall include all labor, transportation, equipment, fuel, delivery charges, taxes (excluding those from which the City is exempt), and all other costs necessary to complete the delivery described in Exhibit B.

TOTAL BID OF 2026-040 Generator Fuel – One-Time Delivery (FROM EXHIBIT B):

33.0 PROJECT DURATION:

Delivery shall be completed within ____ calendar days after issuance of the Purchase Order.

34.0 AWARD:

Award of this contract will be made in accordance with Section 1.13 of this solicitation.

35.0 SOLICITATION SCHEDULE:

PRE-BID CONFERENCE N/A

QUESTIONS DEADLINE July 16th, 2026, 10:00 AM Via www.publicpurchase.com SOLICITATION CLOSE July 28th, 2026, 2:00 PM Via www.publicpurchase.com

36.0 REQUIRED FORMS FOR SUBMITTAL:

36.1 Bid Packet with all exhibits and initials and signatures where applicable

36.2 W-9

36.3 Conflict of Interest Questionnaire

CONTRACT SHEET

Bid No. 2026-040

THE STATE OF TEXAS

CITY OF FULSHEAR

This memorandum of agreement made and entered into on the ______ day of __________ , 20___ , by and between the City of Fulshear in the State of Texas (hereinafter designated as the “City”), acting herein by City Manager by virtue of an order of the City of Fulshear City Council, and ____________________(hereinafter designated as “Contractor”).

WITNESSETH:

The Contractor and the City agree that the bid and specifications for the City of Fulshear 2026- 040 Generator Fuel – One-Time Delivery which are hereto attached and made a part hereof, together with this instrument and the bond (when required) shall constitute the full agreement and contract between parties and for furnishing the items set out and described; the City agrees to pay the prices stipulated in the accepted bid.

It is further agreed that this contract shall not become binding or effective until signed by the parties hereto and a purchase order authorizing the items desired has been issued.

Executed at Fulshear, Texas this _______ day of _________________________ , 20_______ .

CITY OF FULSHEAR, TEXAS

By: _______________________________________________________ Zachary Goodlander, City Manager

Signature of Contractor

Printed Name and Title

Exhibit A

EXHIBIT A

Client Reference Form

1. Customer Name:

Business Type:

Business Address:

Contact Name:

Telephone:

Email:

Contract Length: Contract Value:

Services Provided:

2. Customer Name:

3. Customer Name:

Exhibit B

Item No. Location Address / Coordinates Quantity (Gallons)Unit Price ($/Gallon)Extended Price 1 Woods Booster Station 29.724697, -95.917721 (Two Generators) 1000 0 2 Downtown WP 5 Huggins Dr 600 0 3 Pecan Knoll WP 7835 1/2 Lou Waters Pkwy 1800 0 4 West Cross Creek WP 7903 1/2 W. Cross Creek Bend 2200 0 5 Fulshear Bend WP 4339 1/2 Cross Creek Bend 700 0

6 1093 WP 28228 1/2 FM 1093 1500 0

7 CCR WRF 29002 1/2 FM 1093 700 0

8 Downtown WRF 30618 FM 1093 700 0

TOTAL 9200 0

2026-040 Generator Fuel – One-Time Delivery- Standard Generator Fuel