6-01 RFP-Onsite Fuel Services 13-01-27.pdf

REQUEST FOR PROPOSALS

By order of the City Council of the City of Temple, Texas, sealed proposals will be received for:

RFP #13-01-27

ONSITE FUEL SERVICES

Issued: Friday, May 1, 2026

Submittal Deadline: Thursday, May 28, 2026, by 2:00 p.m. CST

City of Temple Purchasing Department 3210 E Avenue H, Building C

Temple, TX 76501 Phone: (254)298-5655

Email: purchasing@templetx.gov

E-Procurement Portal: https://templetx.bonfirehub.com mailto:purchasing@templetx.gov https://templetx.bonfirehub.com/

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REQUEST FOR PROPOSALS

CONTENTS

Page

RFP Timeline

Section 1 – Scope of Work

Section 2 – Proposal Requirements

Section 3 – Evaluation & Award

Section 4 – Administrative Requirements

Section 5 – Proposal Forms Form 5.1. Proposer Information Form Form 5.2. Proposer Questionnaire Form Form 5.3. Proposed Pricing Form Form 5.4. Conflict of Interest Questionnaire Form 5.5. Federal Vendor Certification Form

Section 6 – Attachments Attachment 6.1. Location List Attachment 6.2. Sample Services Agreement

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RFP TIMELINE

Date Event

May 1, 2026 Release of RFP

May 21, 2026 12:00 p.m. CST

Deadline for Questions related to RFP

Submit questions in writing through the Euna Procurement (formerly Bonfire) online bidding portal or email to purchasing@templetx.gov.

May 28, 2026 2:00 p.m.

Proposals Due

Submit proposals:

1. Within the Euna Procurement online bidding portal at:

https://templetx.bonfirehub.com

OR

2. Sealed paper copies to:

City of Temple Purchasing Department 3210 E Avenue H, Building C Temple, Texas 76501

Virtual Public Opening

Immediately following time due.

Click here for Microsoft Teams Meeting For audio participation only, call (979)307-6962, Conference ID: 233 943 241#

October 2026 Expected agreement term commencement

The City will make every effort to adhere to the schedule above. However, the City reserves the right, at its sole discretion, to adjust the RFP Timeline as deemed necessary.

mailto:purchasing@templetx.gov.

https://templetx.bonfirehub.com/ https://teams.microsoft.com/meet/249697674471965?p=lzJmcg6tqoI5fr7QFA

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SECTION 1 – SCOPE OF WORK

1.1. GENERAL

The intent of this Request for Proposals (RFP) is to establish an annual services agreement for the purchase and delivery of onsite fuel (gasoline and diesel) services on an as-needed basis. A list of current tanks and generators is provided in Attachment

6.1. – Tank & Generator Locations.

1.2. SPECIFICATIONS

Fuel Requirements

a. All fuel delivered under this agreement shall be high quality volatile hydrocarbon fuels free from any foreign substances or water, or any alcohol additives or extenders which may damage vehicles or equipment or contaminate storage tanks.

All fuel sold under this agreement shall be of the same quality or better than that which is available to the general public through retail outlets.

b. Fuel to be supplied under this agreement shall meet the following specifications:

• Regular Unleaded Gasoline: ASTM Designated D439 (most recent issue) with minimum octane rating of 87 (RtM/2 method).

• Grade 2-0 Diesel Fuel: ASTM Designated D975 (most recent issue) with a minimum cetane number of 40.

• Texas Dyed Diesel Fuel: ASTM Designated D975 (most recent issue) with a minimum cetane number of 40.

c. There shall be no more than 10% percent ethanol or 5% percent methanol mixture as allowed by federal law. The awarded contractor shall be able to certify that no additional alcohol has been added after they have taken receipt of the fuel from the terminal.

d. The awarded contractor shall make compensation for change in temperature of fuel at loading at the time the fuel was unloaded into the transport and must show the correction and adjustment made in gallons delivered to each location using 60° F as the normal temperature reading. Delivery slips reflecting gross gallons temperature and adjusted gallons shall be available at time of delivery.

e. All motor fuels shall meet or exceed federal and state specifications as determined by ASTM test methods.

Safety & Emergency Requirements

f. The awarded contractor must employ drivers who have received hazardous materials, fuel handling, and spill prevention training.

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g. Fuel delivery vehicles must comply with the following:

• All applicable DOT regulations and requirements

• Annual meter calibrations

• Monthly inspections of hoses, fittings, valves, and meters

• Maintenance of seals and tamper proof delivery equipment

h. The awarded contractor shall ensure that a vapor recovery hose and connection system are properly installed prior to transferring and dispensing fuel. Drivers may not leave hoses unattended during fueling operations.

i. The awarded contractor shall take all due precautions to prevent spillage during delivery. Proper equipment maintenance, constant inspection, and the use of collection pans during transfer (when necessary) must be employed to avoid leaks or spills.

j. In the event of a spill, the awarded contractor shall be responsible for immediate containment mitigation of the effects of the spill and cleanup of the spilled products at no cost to the City. Failure to take immediate action following a spill may be ground for termination of the agreement. The City reserves the right to contract with a third party to accomplish any necessary spill control actions and will hold the awarded contractor liable for all costs incurred.

k. Fuel delivery services are vital to the operation of the City particularly during emergency situations. The awarded contractor must be available to deliver at any time, day or night, during such situations. During emergency situations, the City’s fuel needs must take priority over other customer agreements the awarded contractor may have.

l. If the awarded contractor is unable to meet the City’s emergency requirements, the

City may be forced to purchase from an alternate source. As a result, the City reserves the right to charge the awarded contractor for costs incurred over and above the proposal price.

m. Upon award, the awarded contractor shall supply each participating entity with a copy of all applicable Safety Data Sheets (SDS) for each fuel being delivered to the respective locations.

1.3. AGREEMENT TERM

a. The initial term of the agreement will commence on October 1, 2026, and continue through September 30, 2027, unless earlier terminated in accordance with the terms of the resulting agreement. The contractor shall guarantee that all pricing submitted in response to this solicitation shall remain firm for the duration of the initial agreement term.

b. The City reserves the right to extend the agreement for up to two (2) additional two-year periods, subject to the mutual written agreement of the City, the contractor, and satisfactory contractor performance.

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c. Any request by the contractor to modify pricing, terms, or conditions of the agreement for a renewal period must be submitted to the City in writing no less than sixty (60) calendar days prior to the expiration of the then-current agreement term.

1.4. SERVICE AGREEMENT

a. The successful proposer shall be able to execute a service agreement like the attached sample agreement attached and shall retain insurance as outlined therein.

No substantive changes to the agreement will be allowed.

b. By submitting a proposal, the proposer is acknowledging the insurance requirements found in the attached agreement and can comply with all insurance requirements as specified herein within 5 days of notice of intent to award.

c. The City reserves the right to add, modify, or delete any services or property locations as required and may do so through a contract amendment.

1.5. QUANTITIES

The City does not know how often services will be required during the life of this agreement. Services will be requested on an as-needed basis. The City reserves the right to purchase more or less than the quantity identified on Attachment 6.1. depending on actual requirements.

1.6. PRICING

a. Price per gallon for each fuel type shall be based on the actual unbranded rack cost as detailed in the daily Oil Price Information Service (OPIS) report for that day’s delivery. (Contractor shall supply with each invoice a copy of the corresponding OPIS pricing sheet for each delivery.)

• The awarded contractor’s mark-up (price per gallon) for selling and delivering fuel.

• Applicable taxes and federal and state fees. Note: The City is exempt from Texas sales and use, local motor fuel, and federal excise tax.

• Any additional fees associated with delivering fuel.

b. All pricing shall be fully inclusive of delivery, labor, overhead, travel, administrative expenses, and any other costs required to perform the work. No additional charges of any kind will be allowed.

c. In the event of non-compliance with price or delivery, the City reserves the right to seek services elsewhere and charge the difference in price to the contractor.

1.7. INVOICING

a. Invoices of the awarded contractor shall be itemized and contain a detailed description, quantity, and a unit price calculated in accordance with the terms stated on the Pricing Form. Each invoice shall be accompanied with a published OPIS pricing sheet that supports the unit price stated on the invoice.

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b. Invoices shall be accompanied by the delivery ticket that includes:

• Gross gallons

• Net gallons (temperature adjusted)

• Temperature reading

• Date/time of delivery

• Tank levels before and after delivery

c. Invoices shall be emailed to invoice@templetx.gov. If the awarded contractor does not have the ability to email invoices, the awarded contractor shall mail invoices to the City of Temple Purchasing Department at 3210 E Avenue H, Building C, Temple, Texas 76501.

1.8. FEDERAL GRANT CERTIFICATION

a. Proposers shall complete the Federal Grant Certification Form indicating their ability to comply with federal procurement requirements when grant funding is used.

b. When Federal funds are to be utilized for a project, the City will inform the awarded contractor and Davis-Bacon wage requirements will apply.

1.9. CONTRACTOR’S RESPONSIBILITIES & LIABILITIES

The awarded contractor is responsible for damage to persons and property caused during the performance of contracted work. Additionally, the awarded contractor will be held responsible for any damage that is caused by the awarded contractor’s errors or their failure to comply with the requirements of these specifications and will be required to repair the damage at no cost to the City. The City may, however, elect to make repairs or replace any of the damaged property and deduct the cost of such repairs from monies due or to become due the awarded contractor.

1.10. TERMINATION OF DEFAULT

a. The City reserves the right to enforce the performance of this agreement in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this agreement. The City reserves the right to terminate the agreement immediately in the event the awarded contractor fails to meet schedules or fails to otherwise perform in accordance with the specifications as outlined in this RFP.

b. The City may consider the following performances by the awarded contractor as unsatisfactory performance. An unsatisfactory performance determination shall not be limited to the following:

• In excess of one service ‘call back’ to correct the same problem within 30 consecutive calendar days.

• In excess of one instance within one calendar year of the awarded contractor’s personnel assigned to an authorized service call not having the skill or knowledge to diagnose the problem and/or perform the service.

• Failure of the awarded contractor to provide timely service. If the timeline cannot be met for a project, the City reserves the right to have the work completed by another contractor.

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SECTION 2 – PROPOSAL REQUIREMENTS

2.1. INFORMATION REQUESTED FROM PROPOSERS

a. The proposal shall provide enough detail to permit the City to conduct a meaningful evaluation of the proposed services. However, proposals should be prepared simply and economically, providing a straightforward, concise response to the information requested below. Incomplete proposals may be rejected during review by the evaluation committee.

b. All proposal materials may be incorporated in a subsequent contract between the City and awarded contractor.

c. Any material that the proposer wishes to be considered confidential in nature shall be clearly marked as such, and if such materials are requested pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code, the City will notify the proposer of such request to allow the proposer to write to the Texas Attorney General requesting that such information be excepted from disclosure.

2.2. REQUIRED FORMS

Submit the following forms with the proposal response:

a. Form 5.1. Proposer Information Form

b. Form 5.2. Proposer Questionnaire Form

c. Form 5.3. Proposed Pricing Form

d. Form 5.4. Conflict of Interest Questionnaire, if applicable

Submit only if required per Section 4 – Administrative Requirements, Paragraph 4.2.

e. Form 5.5. Federal Vendor Certification Form

2.3. ELECTRONIC SUBMISSION

a. Access the Euna e-procurement portal at https://templetx.bonfirehub.com. The City will use Euna for communicating all RFP documents, receive any questions or inquiries, issue any associated addenda, and post award notices.

b. Proposers can contact Euna at support.procurement@eunasolutions.com for technical questions related to the Euna portal or visit Euna’s help forum at https://procurement-help.eunasolutions.com/hc/en-us. Proposal submissions shall be prepared in the file formats listed under ‘Requested Information’ for this opportunity in Euna.

c. Proposal submissions may be amended by the Proposer directly in Euna, but only before the submission deadline.

https://templetx.bonfirehub.com/ mailto:support.procurement@eunasolutions.com https://procurement-help.eunasolutions.com/hc/en-us

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d. Minimum system requirements include Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. Euna has built-in lockbox technology that will date stamp submittals and will keep all proposals locked until the proposal opening date and time. The maximum upload file size is 1,000 MB.

Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

2.4. PAPER SUBMISSION

a. If a proposal is delivered via hardcopy, the envelope or package containing the completed proposal should be marked legibly on the outside with the submitter’s name and address along with the RFP project number and title no later than the due date and time stated in the RFP Timeline.

b. The proposer shall sign and date the proposal where provided within the RFP. The person signing the proposal shall have the authority to bind the firm in a contract.

Proposals which are not signed and dated in this manner may be rejected.

c. All paper proposals received in the Purchasing Department will be date and time stamped when received and will be considered to be the official time of receipt.

2.5. SUBMISSION INSTRUCTIONS

a. Late submittals will not be accepted or considered. Proposers should be mindful of any potential delays due to security screening procedures, weather, connectivity issues, or other delays whether foreseeable or unforeseeable. Failure to submit a response before the Proposal Due date and time will result in disqualification of the proposal.

b. Proposals will be received and publicly acknowledged in the Purchasing Department immediately following time due. Respondents, their representatives, and interested persons may participate in the proposal opening using Microsoft Teams. See the RFP Timeline for a video link or dial-in phone number.

c. The proposals will be opened, and the names of the respondents will be read aloud.

All proposals will be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in proposals and identified by proposer as such.

2.6. REQUESTS FOR ADDITIONAL INFORMATION

a. Requests for additional information shall be in writing and submitted through the

Euna portal using the ‘Vendor Discussions’ or ‘Ask a Question’ features.

Alternatively, requests can be emailed to purchasing@templetx.gov by the deadline stated in the RFP Timeline.

mailto:purchasing@templetx.gov.

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b. Any interpretations, corrections or changes to this RFP will be made by addenda. All written/published addenda shall become part of this RFP and shall be acknowledged by the proposer in its proposal. All other communications are unofficial and non-binding. Addenda will be released in the Euna portal in the ‘Files’ section. It is the sole responsibility of the proposer to verify issuance of addenda and to ensure receipt thereof.

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SECTION 3 – EVALUATION & AWARD

3.1. ELIGIBILITY FOR AWARD

a. Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

b. Responsible Vendor A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the services listed herein.

Responsible proposers must, at a minimum, meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract prior to the beginning of work;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record, as determined by the City, of past performance;

• Have necessary personnel, management, and technical capacity and capability to perform any resulting contract requirements;

• Be qualified as an established firm that is regularly engaged in the type of business necessary to fulfill the contract requirements;

• In accordance with all applicable industry standards, hold any necessary license, certification, or permit required for conducting the business of the vendor and as contemplated by this RFP;

• Have experience in competently performing similar contracts to those contemplated by this RFP;

• Certify that the firm is not delinquent in any tax owed the State of Texas under Chapter 171, Tax Code; and is not delinquent in taxes owed to the City;

signing and submitting the proposal is so certifying to such non-delinquency;

and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A firm is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the proposer or prime contractor if an employee of the firm assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that firm an unfair advantage over other proposers.

d. As required by §2252.903, Government Code, proposer certifies that its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax.

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3.2. EVALUATION CRITERIA AND SELECTION

a. The award of this agreement shall be made to the responsible proposer whose proposal is determined to be the highest evaluated offer resulting from negotiation, taking into consideration the importance of the evaluation factors set forth below:

Evaluation Criteria Points

Proposed Price 35

Experience and Qualifications 15

Technical Capacity & Service Plan 20

Safety, Compliance, & Environmental Factors 15

Reliability and Responsiveness 15

b. The City reserves the right to reject any and all proposals submitted and to waive any informalities in proposals received. The City also reserves the right to request additional information from proposers. The award will be made to the firm which, in the opinion of the City, is the best qualified to assist the City in accomplishing its objectives. The City reserves the right to negotiate a contract with the selected proposer.

c. The City shall not be liable to any proposer for costs associated with responding to this RFP, for the proposer’s participation in any oral interview, or any costs associated with negotiations.

d. In accordance with Texas Local Government Code, Section 252.003 and Texas

Health & Safety Code, Section 361.426, the City shall give preference in purchasing products made of recycled materials if the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10% greater than the price of comparable nonrecycled products. Preferences will be applied in accordance with state procurement statutes and rules.

3.3. EVALUATION PROCESS

a. The Purchasing Department will review all proposals for compliance with mandatory requirements as stipulated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. The Purchasing Department may contact proposers for clarification of the responses.

b. The evaluation committee members will independently evaluate and score the proposals and submit their scores back to the Purchasing Department. No group ratings or consensus scoring will be performed.

c. The Purchasing Department will input, calculate, and prioritize the data and evaluator scores.

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3.4. INTERVIEWS

Proposals will be reviewed and ranked by the evaluation committee. Oral interviews may be conducted with the highest ranked proposer(s) by the committee, as deemed necessary.

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SECTION 4 – ADMINISTRATIVE REQUIREMENTS

4.1. SUBMISSIONS

a. The City reserves the right to reject any or all proposals as it shall deem to be in the best interests of the City. Receipt of any proposal shall under no circumstances obligate the City to accept the lowest dollar proposal. The award of this contract shall be made in accordance with Texas Local Government Code, Chapter 252, to the proposer responsible whose submission is determined to be the highest evaluated offer resulting from negotiation, taking into consideration the relative importance of price and the other evaluation factors set forth in the RFP.

b. The City reserves the right to select one or more proposers and/or award one or more contracts based on the best value, as determined by the City, of the overall response(s) submitted to the City, with due consideration given to demonstrated competence, knowledge, and qualifications to perform the services and/or provide the products set forth in this RFP, and the reasonableness of the proposed fee. The decision to make multiple awards, award only one contract, or to make no award rests solely with the City. The City further reserves the right to negotiate separately in any manner necessary to serve the best interests of the City. The City further reserves the right to accept, reject, or negotiate modifications in any terms of a proposer’s proposal, including a proposer’s form contract, or any parts thereof.

c. Proposals cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening by the City must be initialized by the signer of the proposal, guaranteeing authenticity.

d. A proposal may not be withdrawn or canceled by the proposer without the permission of the City for a period of ninety (90) days following the date designated for the receipt of proposals, and proposer so agrees upon proposal of their proposal.

e. All proposals meeting the intent of this RFP will be considered for award. Proposers taking exception to the specifications, terms and conditions, sample contract document, or offering substitutions shall state these exceptions by attachment as part of the proposal. The absence of such a list shall indicate that the proposer has not taken exceptions, and the City shall hold the proposer responsible to perform in strict accordance with the terms of this RFP. The City reserves the right to accept any, all, or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

f. Proposals must comply with all applicable federal, state, county, and local laws concerning these types of services.

g. The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

h. The City is exempt by law from payment of Texas Sales Tax and Federal Excise

Tax.

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4.2. CONFLICT OF INTEREST

a. Texas Local Government Code, Section 176.006, requires a vendor of the City to file a completed Conflict of Interest Questionnaire (CIQ) form if the vendor has a business relationship with the City and:

1. has an employment or other business relationship with a City local government officer or a family member of the City local government officer that results in that person receiving taxable income, other than investment income, that is more than $2,500 in the preceding twelve months;

2. has given a City local government officer or an officer’s family member, one or more gifts totaling more than $100 in the preceding twelve months, excluding a political contribution as defined by Title 15 of the Election Code or food accepted as a guest; or

3. has a family relationship with a City local government officer.

b. A vendor is required to file a CIQ form with the City Secretary’s office not later than the seventh (7th) business day after the later of the following:

1. the date the vendor begins discussions or negotiations to enter into a contract with the City or submits an application or response to a solicitation; or

2. the date the vendor becomes aware of any business relationship as outlined in the preceding paragraph.

c. “Local Government Officer” means:

1. a member of the governing body (i.e. mayor or council member);

2. a director, superintendent, administrator, or other person designated as an executive officer of the City; or

3. an agent of the City who exercise discretion in the planning, recommending, selecting, or contracting of a vendor.

d. State law requires that a vendor file an updated CIQ form with the City Secretary’s office not later than the 7th business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire incomplete or inaccurate.

e. The CIQ form is attached to this RFP and can be downloaded from the City‘s website www.templetx.gov under the Departments tab then Purchasing/Forms & Documents. Compliance with this law is the responsibility of each Proposer.

4.3. DISCLOSURE OF INTERESTED PARTIES

The City is required to comply with Texas Government Code 2252.908 Disclosure of Interested Parties for contracts that:

http://www.templetx.gov/

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a. require an action or vote by the City Council before the resulting contract can be signed;

b. have a value of at least $1 million; or

c. require registration as a lobbyist under Texas Government Code Chapter 305.

If the resulting contract, if any, meets one of the criteria above, a Certificate of Interested Parties (Form 1295) will be required before the contract is executed. See the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

4.4. APPROPRIATED FUNDS

The purchase of services or products, arising from this solicitation is contingent upon the availability of appropriated funds. The City shall have the right to cancel the resulting contract or any part of the contract at the end of each fiscal year during the term of the contract if funds are not allocated to continue the contract, or any part of the contract, for the next fiscal year. If funds are withdrawn, or do not become available, the City reserves the right to cancel the contract by giving the vendor thirty (30) day written notice of its intention to cancel without penalty. Upon cancellation of the contract, the City shall not be responsible for any payment of any service that was performed, or product received, after the effective date of termination. The City’s fiscal year begins on October 1 and ends on September 30.

4.5. INDEMNITY

The City is legally prohibited from indemnifying any other party in any agreement awarded under this RFP. The resulting contract, if any, shall contain no provision requiring the City to indemnify the proposer or any third party.

4.6. COMPLIANCE WITH ANTITRUST LAWS

By submitting a qualifications statement, the respondent’s signatory affirms under penalty of perjury of the laws of the State of Texas (Texas Government Code §2155.005) that:

a. Signatory is duly authorized to execute a contract resulting from this solicitation on their own behalf or on behalf of the company, corporation, firm, partnership or individual respondent;

b. In connection with this qualifications statement, neither signatory nor any representatives of the company have violated any provision of the Texas Antitrust laws codified in Texas Business and Commerce Code Chapter 15;

c. In connection with this qualifications statement, neither signatory nor any representative of the company have violated any federal antitrust law; and

d. Neither signatory nor any representatives of the company have directly or indirectly communicated any of the contents of this qualifications statement to a competitor of the company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the company.

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

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4.7. INTERLOCAL PURCHASING

The City desires to make available to other local government entities of the State of Texas, by mutual agreement with the successful proposer, properly authorized interlocal purchasing agreements as provided by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same goods, at the prices quoted, for the period of this contract. Proposer shall agree to honor interlocal purchasing orders in accordance with agreement terms and conditions, in addition to orders from the City of Temple. Proposers that will not honor interlocal purchasing agreements must state interlocal agreements as an exception on the Proposer Information Form. The absence of this exception on the Proposer Information Form shall indicate that the proposer agrees to honor any interlocal purchasing agreements.

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SECTION 5 – PROPOSAL FORMS

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FORM 5.1. – PROPOSER INFORMATION FORM

1. Company Information

Company Name: _______________________________________________________

Business Address: ______________________________________________________

Remit-to Address, if different: _____________________________________________

Tax Identification Number: ________________________________________________

Contact Person: _______________________________________________________

Phone: _______________________________________________________________

Email: _______________________________________________________________

2. Addenda

Our company has reviewed and formally acknowledges receipt of all addenda, if any, provided in the Euna e-procurement portal. Please record the number of addenda acknowledged here:

____________ (number of addenda acknowledged)

3. Credit Check Authorization

The City is required to determine whether a Proposer who may be awarded a contract is financially responsible. The City may run a credit check on the potential vendor before award of the contract. By signing this Proposer Information Form, I hereby authorize the City of Temple, credit bureau, or other investigative agency employed by the City of Temple to investigate my credit history and financial responsibility.

4. Authorized Personnel

State your firm’s personnel authorized to give representations regarding your proposal or resulting contract, if any:

Name Phone Number Email Address

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5. Agreement

The successful Proposer shall be able to execute the attached Services Agreement and be able to comply with the insurance requirements as stated within the agreement.

Please confirm your ability to execute this agreement.

____________ (initial to confirm)

6. Exceptions Taken by Proposer State exceptions taken to any of the terms of this RFP, if any.

7. Authorization

Authorized Signature: ___________________________________________________

Print Name: ___________________________________________________________

Title: __________________________________ Date: _______________________

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FORM 5.2. – PROPOSER QUESTIONNAIRE FORM

Proposers may use a separate attachment to respond to questions below.

EXPERIENCE AND QUALIFICATIONS

1. Provide a list of municipality or corporate references including contact name, email address, and phone number.

TECHNICAL CAPACITY AND SERVICE PLAN

2. State length of time necessary to deliver fuel once notified by the City that a delivery is needed. The fuel shall be ordered on an as-needed basis:

3. Principle location from which fuel will be delivered from:

4. Describe your company’s method(s) for making adjustment(s) for fuel temperatures:

5. Attach a sample invoice with supporting OPIS report(s) for 500 gallons each of unleaded, grade 2-0 diesel and Texas Dyed Diesel delivered on May 15, 2026.

6. Attach a typical analysis sheet for each type of fuel, based on actual test results, showing the properties of the fuels.

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SAFETY, COMPLIANCE, AND ENVIRONMENTAL FACTORS

7. Provide your company’s spill containment policy.

RELIABILITY AND RESPONSIVENESS

8. Provide your company’s emergency response policy and how you will prioritize the

City’s agreement over others.

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FORM 5.3. – PROPOSED PRICING FORM

DESCRIPTION

MARK-UP PER GALLON

OVER OPIS

CURRENT TAX IF

APPLICABLE*

Regular Unleaded Gasoline as specified

$ ________ gallon $ ________ gallon

Grade 2-0 Diesel as specified

$ ________ gallon $ ________ gallon

Texas Dyed Diesel $ ________ gallon $ ________ gallon

*Do Not include federal or local motor fuel tax as the City is exempt from the payment of these taxes. If taxes are adjusted by a regulatory agency, the tax will be adjusted by the awarded contractor accordingly.

List any additional fees or exceptions:

Phone Number for Onsite Fuel Services: ___________________________

Email Address for Onsite Fuel Services: ___________________________

Emergency Phone Number for Onsite Fuel Services: _________________

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FORM 5.4. - CONFLICT OF INTEREST QUESTIONNAIRE

See Section 4.2. Conflict of Interest, for information regarding when it is necessary to complete and submit this form.

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FORM 5.5 - CITY OF TEMPLE

FEDERAL VENDOR CERTIFICATION FORM

For each of the items below, Vendor shall certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative initial the applicable term and condition.

NON-COLLUSION CERTIFICATION

The vendor certifies that the submission to this solicitation has been independently arrived at without collusion with any other vendor or with any other competitor; has not knowingly disclosed and will not be knowingly disclosed, to any other vendor or competitor or potential competitor, prior to the opening of submission for this project; no attempt has been or will be made to induce any other person, partnership or corporation to submit or not submit a submission to this solicitation. The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained in this certification and that the penalties herein are applicable to the vendor as well as to any other person signing in their behalf.

Initials of Authorized Vendor Representative

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

As required by Texas Family Code §231.006 as amended by Section 82 of H.B. 433, 74th Legislature, R.S.

(Acts 1995, 74th Leg., R.S., Ch. 751), all vendors must complete and submit with the solicitation response the following affidavit:

I, the undersigned vendor, do hereby acknowledge that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which such a person is the sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property, materials, or services.

I further acknowledge that a child support obligor or business entity ineligible to receive payments described above shall continue to be ineligible until: 1) all arrearages have been paid; 2) the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or 3) the court of continuing jurisdiction over the child support order has granted the obligor an exemption.

In accordance with Texas Family Code §231.006, the names and social security numbers of the individual identified in the quote, bid, proposal or application or the sole proprietor and each partner, shareholder, or owner with a minimum 25% ownership interest in the business entity identified therein are provided below:

Name Social Security Number Name Social Security Number

Pursuant to Texas Family Code §231.006, the vendor hereby certifies that the individual or business entity named in this contract, bid, or application, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

______ Initials of Authorized Vendor Representative

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CERTAIN DEBTS OR DELINQUENCIES CERTIFICATION

As required by Texas Government Code §2252.903 Contracting with Persons who have Certain Debts or Delinquencies, vendor’s authorized agent certifies that it is not currently delinquent in payment of any student loan, child support obligation, or tax, to include franchise taxes owed the State of Texas under Chapter 171, Tax Code, or that it is exempt from, or not subject to, such tax.

Please indicate your status:

_____ The corporation or person is neither in debt nor delinquent in payment of any of the above and is exempt from payment of franchise taxes or is an out-of-state corporation not subject to franchise tax;

therefore, I am submitting a certified statement to that effect.

_____ The corporation or person is subject to Texas franchise tax and is neither in debt nor delinquent in payment of any of the above. I hereby certify that there is no delinquent Texas franchise tax pending against the corporation or person.

_____ I hereby certify that there is delinquent Texas franchise tax pending against the corporation or person.

_____ I hereby certify that the corporation or person is in debt or delinquent in payment of either a student loan, child support, or tax obligation owed to this state (other than Texas franchise tax).

COMPLIANCE WITH ANTITRUST LAWS (TEXAS GOVERNMENT CODE §2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

a. I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

b. In connection with this solicitation, neither I nor any representatives of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, laws codified in Texas Business & Commerce Code Chapter 15;

c. In connection with this solicitation, neither I nor any representative of the Company have violated any federal antitrust law; and

d. Neither I nor any representatives of the Company have directly or indirectly communicated any of the contents of this solicitation to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.

CERTIFICATION REGARDING BOYCOTTING ISRAEL

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant Texas Government Code, Chapter 2271, Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the “Vendor Companies”), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations 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.

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CERTIFICATION REGARDING TERRORIST ORGANIZATIONS

Vendor hereby certifies it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

CERTIFICATION REGARDING CONTRACTING INFORMATION

If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the City; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City, the following certification shall apply; otherwise, this certification is not required. As required by Texas Government Code §552.374(b), the following statement is included in the solicitation and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan):

“The requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly provide to the City any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of the City; and (3) on completion of the Agreement, either (a) provide at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the City.

CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Texas Government Code, Chapter 2274 of SB 13 (87th session), Vendor hereby certifies and verifies that Vendor, or any wholly owned subsidiary, majority owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the Agreement. For purposes of this Agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Texas Government Code §809.001(1).

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CERTIFICATION PROHIBITING DISCRIMINATION AGAINST

FIREARM AND AMMUNITION INDUSTRIES

If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; (c) this Agreement has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the Agreement is not excepted under Texas Government Code § 2274.003 of SB 19 (87th leg.); and (e) the City has determined that Vendor is not a sole source provider or the City has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required.

Pursuant to Texas Government Code Ch. 2274 of SB 19 (87th session), Vendor hereby certifies and verifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, 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 contract against a firearm entity or firearm trade association. For purposes of this Agreement, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Texas Government Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Texas Government Code § 2274.001(3) of SB 19.

CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN

CONNECTION WITH CRITICAL INFRASTRUCTURE

The City is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the City for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this Agreement, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Texas Government Code § 2274.0101(2) of SB 1226 (87th leg.). Vendor verifies and certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

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REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS,…