B05326 Annual Supply of Fuel Final.pdf

LEGAL NOTICE

AND

INVITATION TO BID

B#053-26

The Brownsville Public Utilities Board will accept electronic or sealed bids for the Annual Supply of Fuel, until 5:00 PM, August 12, 2026, in the Brownsville PUB Purchasing Office, 1155 FM 511, Olmito, Texas.

Electronic or sealed bids received after this time will not be considered.

Bids will be publicly opened and read aloud on August 13, 2026 at 10:30 AM. Bidders can request a copy of the bid tabulation by emailing dsolitaire@brownsville-pub.com.

Brownsville Public Utilities Board utilizes the Texas Purchasing Group to post Request for Proposal (RFP) and bid opportunities, https://www.bidnetdirect.com/texas/brownsville-pub.

Please mark on the outside of the envelope and on any carrier’s envelope/package: "SEALED BID FOR ANNUAL SUPPLY OF FUEL (B053-26), AUGUST 12, 2026, 5:00 PM", and send to the attention of Diane Solitaire, Purchasing Department, 1155 FM 511, Olmito, Texas 78575 or electronically through Bidnet.

Each bid shall constitute an offer to the Board, as outlined therein, and shall be irrevocable for at least sixty (60) days after the time announced for the opening thereof.

The Brownsville Public Utilities Board will not be responsible in the event that the U.S. Postal Service or any other courier system fails to deliver the sealed bids to the Brownsville Public Utilities Board, Purchasing Office by the given deadline above. Bid will be accepted via electronic transmission through Bidnet, only.

The Brownsville PUB reserves the right to reject any or all bids and to waive irregularities contained therein and to accept any bid deemed most advantageous to the Brownsville PUB.

BY:

Diane Solitaire Purchasing Department

(956) 983-6366 - Phone mailto:dsolitaire@brownsville-pub.com https://www.bidnetdirect.com/texas/brownsville-pub

B053-26 Annual Supply of Fuel 2

Please submit this page upon receipt.

Acknowledgment Form

B#053-26 Annual Supply of Fuel

For any clarifications, please contact Allison Alvarez or Diane Solitaire at the Brownsville Public Utilities Board, Purchasing Department at (956) 983-6749 or (956) 983-6366 or via e-mail: aralvarez@brownsville-pub.com or dsolitaire@brownsville-pub.com

Please e-mail this page upon receipt of the bid package or legal notice. If you only received the legal notice and you want the bid package mailed, please provide a method of shipment with account number in the space designated below.

Check one:

( ) Yes, I will be able to send a bid; obtained bid package from website.

( ) Yes, I will be able to send a bid; please email the bid package.

Email:

( ) No, I will not be able to send a bid for the following reason:

If you are unable to send your bid, kindly indicate your reason for “No bid” above and return this form via email to: aralvarez@brownsville-pub.com or dsolitaire@brownsville-pub.com. This will ensure you remain active on our vendor list.

Date

Company:

Name:

Address:

City: State: Zip Code:

Phone:

Email: __________________________________________________ IF SPECIFICATIONS ARE DOWNLOADED FROM WEBSITE PLEASE EMAIL THIS PAGE TO EMAIL LISTED ABOVE mailto:aralvarez@brownsville-pub.com mailto:dsolitaire@brownsville-pub.com mailto:dzuniga@brownsville-pub.com

B053-26 Annual Supply of Fuel 3

Special Instructions

Contract Information

• Interpretation

Questions concerning terms, conditions, and technical specifications should be directed to:

Allison Alvarez, or Diane Solitaire, Purchasing College Intern Purchasing and Materials Manager Phone (956) 983-6749 Phone (956) 983-6366

• Tentative Time Line

1. July 27, 2026 – August 12, 2026 - Vendors work on bid.

2. August 12, 2026 at 5:00 PM - Vendor must submit one (1) set of bid documents via

Bidnet or sealed in an envelope to:

Diane Solitaire

1155 FM 511

Olmito, TX 78575

Bid 053-26 – Annual Supply of Fuel Due on August 12, 2026 at 5:00 PM

The above noted information must be included on bid envelope and on any carrier’s envelope/package. The Brownsville Public Utilities Board will not be held responsible for missing, lost or late mail. Brownsville Public Utilities Board will accept electronic transmission of sealed bids via Bidnet, only.

1. August 4, 2026 – Last day to submit questions

2. August 13, 2026 – Open bids at 10:30 AM

3. August 13, 2026 – August 17, 2026 - Evaluate bids

4. August 24, 2026 – Provide Final Recommendations

5. September 14, 2026 – Send to Utilities Board for approval

• Or Equal (RESERVED)

Brand name or manufacturer’s reference used in this request is descriptive – not restrictive – it is intended to indicate type and quality desired. Brands of like nature and quality will be considered. If bidding on other than referenced specifications please provide complete descriptive information of said article.

B053-26 Annual Supply of Fuel 4

• Pricing

Bid unit price on quantity specified, extend and show total. In case of errors in extension, unit prices shall govern. Profit Margin and Payment Discount shall remain in effect for 12 months from date of purchase order. All pricing must be at a base price plus an escalation/De-escalation based upon the OPIS Pad 3, Brownsville, TX closing time (1-2 PM) on August 10, 2026.

All fields (UNIT PRICE, TOTAL PRICE, & EST DELIVERY IN DAY) in the specifications pages must be filled. The data must be complete to identify the bidding brand.

Failure to submit any of the above information with the sealed bid will disqualify bid.

• Vendor Representative

The successful vendor agrees to send a personal representative with binding authority for the company to the Brownsville Public Utilities Board upon request to make adjustments and/or assist with coordination of all transactions as needed.

• Quality of Products

All items must be new, in first class condition, including containers suitable for shipment and storage.

No substitutions in standard grades or lesser quality will be accepted.

• Determining Factors for Award

1. Net price on bid items; lowest responsive, responsible overall bid total

2. Stock availability

3. Reputation of brand names offered

4. Reputation and location of the bidder

5. Delivery

6. Safety record will be considered when determining the responsibility of the bidder

7. Local preference and acceptable cash discounts will be applied to the bid prices to determine the apparent low bidder

8. BPUB financial and legal responsibility evaluations of any identified teaming arrangements involving significant joint ventures, subcontractors and suppliers

• Contract with Vendor/Entity Indebted to BPUB

It is a policy of the BPUB to refuse to enter into a contract or other transaction with an individual, sole proprietorship, joint venture, Limited Liability Company or other entity indebted to BPUB.

• Vendor ACH (Direct Deposit) Services

The BPUB has implemented a payment service for vendors by depositing the payment directly to the vendor’s bank account. Successful vendor(s) will be required to receive payments directly through Automated Clearing House (ACH) in lieu of a paper check. The awarded vendor must agree to receive payments via ACH (Direct Deposit).

B053-26 Annual Supply of Fuel 5

• Tax Identification Number (TIN)

In accordance with IRS Publication 1220, a W9 form, or a W8 form in cases of a foreign vendor, will be required of all vendors doing business with the Brownsville PUB. If a W9 or W8 form is not made available to Brownsville PUB, the first payment will be subject to income tax withholding at a rate of 28% or 30% depending on the U.S. status and the source of income as per IRS Publication 1220. The W9 or W8 form must be included with bid response. Attached are sample forms.

• Taxes

BPUB is required to pay State fuel/diesel taxes pursuant to rulings by the Texas Comptroller. Bidders shall include these taxes in the space provided on the cost sheet. BPUB is exempt from Federal excise taxes and any Local taxes.

• Signing of Bid

Failure to sign bid will disqualify it. Person signing bid should show title or authority to bind their firm to a contract.

• EEOC Guidelines

During the performance of this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, national origin, age, religion, gender, marital or veteran status, or physically challenging condition.

• As Needed Basis

Quantities shown are estimates only. They are based on prior year usage. Product is to be ordered “as needed” and be billed as such over a period of one year. Each release will be subject to an escalation/de-escalation cost based on the OPIS Pad 3 #598 Brownsville, TX 1:00 PM to 2:00 PM closing price on the day the release is received at BPUB.

• Purchase Order

The fuel shall be delivered to Brownsville Public Utilities Board, 1155 FM 511, Olmito, Texas 78575 and on occasion to various generator sites in the Brownsville area. Fuel will be received in releases upon request and be billed as such. The gasoline and diesel supply will be awarded to the same vendor.

A purchase order for the fuel will be issued by the Brownsville Public Utilities Board after tabulation and final approval by the Brownsville PUB Board of Directors.

• Brownsville Public Utilities Board Rights

1. If only one or no bid is received by "submission date", the BPUB has the right to reject, re-bid, accept and/or extend the bid by up to an additional two (2) weeks from original submission date.

2. The right to reject any/or all bids and to make award as they may appear to be advantageous to the Brownsville Public Utilities Board.

B053-26 Annual Supply of Fuel 6

3. The right to hold bid for 60 days from submission date without action, and to waive all formalities in bid.

4. The right to extend the total bid beyond the original 60-day period prior to an award, if agreed upon in writing by all parties (BPUB and vendor/contractor) and if bidder/vendor holds original bid prices firm.

5. The right to terminate for cause or convenience all or any part of the unfinished portion of the Project resulting from this solicitation within Thirty (30) calendar days written notice; for cause: upon default by the vendor/contractor, for delay or non-performance by the vendor/contractor; or if it is deemed in the best interest of the BPUB for BPUB’s convenience.

6. The right to increase or decrease quantities. In bid, stipulate whether an increase or decrease in quantity will affect bid price.

7. The Brownsville PUB has the right to refuse to enter into a contract or other transaction with any individual or entity indebted to the municipality as per Local Government Code 252.0436.

• Corrections

Any interpretation, correction, or change of the invitation to bid will be made by ADDENDUM.

Changes or corrections will be issued by the Brownsville PUB Purchasing Department. Addenda will be emailed to all who have returned the Bid Acknowledgement Form. Addenda will be issued as expeditiously as possible. It is the responsibility of the vendors to determine whether all addenda have been received. It will be the responsibility of all respondents to contact the Brownsville PUB prior to submitting a response to the invitation to bid to ascertain if any addenda have been issued, and to obtain any all addenda, execute them, and return addenda with the response to the invitation to bid. Addenda may be posted on BPUB’s webpage.

• Cash Discounts

Brownsville Public Utilities Board does consider cash discounts or discounts for prompt payment when evaluating bids.

• Warranty

Bidder shall guarantee that all fuel meets specifications and Brownsville Public Utilities Board has the right to random sample all fuel for testing to assure specifications are being met.

• Reference Checks The BPUB will contact prospective firm’s references by telephone or email. Complete the attached “Previous Customer Reference Worksheet”, for each reference provided.

B053-26 Annual Supply of Fuel 7

SPECIFICATIONS

The Brownsville Public Utilities Board (Brownsville PUB) is a municipal utility that provides electric, water, and wastewater services in Brownsville, Texas. The utility has a fleet size of over 550 vehicles that operate on regular unleaded gasoline (87 Octane), and diesel fuel (Ultra Low Sulfur). The low sulfur fuel oil is also used for the noted backup generators. It is the intent of Brownsville PUB to enter into an agreement with qualified vendor to provide the fuel for a 12-month period on an award basis of the lowest profit margin. A benchmark price will be obtained weekly from the awarded vendor. The vendor will retrieve the benchmark price from OPIS (Oil Pricing Information Services).

Generator Locations and Tank Capacity

Generator No. Generator Location/

Address Size Type Tank

Capacity

UNIT 3583

Palo Alto Substation 6608 Old Alice Rd 60 KW

Stationary

UNIT 3009

SRWA

1255 FM 511 1,000 KW Stationary

UNIT 3016

Power Plant Black Start 94 W. 13th St. & Power Plant Dr. 500 KW Stationary

UNIT 3017

Power Plant Standby 94 W. 13th St. & Power Plant Dr. 500 KW Stationary

UNIT 3647

MAIN OFFICE

1425 Robinhood Dr. 500 KW Stationary

UNIT 3018

SCADA

1435 Robinhood Dr. 100 KW Stationary

UNIT 3005

NWWTP C

3208 Robindale Rd. 1,250 KW Stationary

UNIT 3015

NWWTP A

3208 Robindale Rd. 500 KW Stationary

UNIT 3007

SWWTP A

2800 East Ave. 1,250 KW Stationary

UNIT 3008

WP 1

94 W. 13th St. & Power Plant Dr. 1,250 KW Stationary

B053-26 Annual Supply of Fuel 8

Address Size Type Tank Capacity

UNIT 3012-A & 3012-B

NWWTP D-Dual 500 KW Engines

3208 Robindale Rd. 1,000 KW Stationary

UNIT 3648

FM 511 Service Center 1155 FM 511 1,000 KW Stationary

UNIT 3101

SRWA Well 9 Rego Road 200 KW Stationary

14 UNIT 3591

Alton Gloor Water Tower (776 E Alton Gloor Blvd.)

400 KW Portable

15 UNIT 3590

Alton Gloor Water Tower (776 E Alton Gloor Blvd.)

200 KW Portable

UNIT 3589

SRWA Well 4 Well 4 100 KW

Stationary

UNIT 3588

SRWA Well 5 Well 5 100 KW

Stationary

UNIT 3582

SRWA Well 3 Well 3 100 KW

Stationary

19 UNIT 3587

Alton Gloor Water Tower (776 E Alton Gloor Blvd.)

60 KW Portable

20 UNIT 3586

Alton Gloor Water Tower (776 E Alton Gloor Blvd.)

60 KW Portable

21 UNIT 3585

Alton Gloor Water Tower (776 E Alton Gloor Blvd.)

60 KW Portable

22 UNIT 3584

Alton Gloor Water Tower (776 E Alton Gloor Blvd.)

60 KW Portable

UNIT 3668

SRWA Well 2 Grove Park Road 1,000 KW Portable

1,800

UNIT 3667

SRWA/Robinhood 1,000 KW Portable

1,800

UNIT 3019

Lift Station 20 E. 6th Street 350 KW Stationary

1,200

B053-26 Annual Supply of Fuel 9

Address Size Type Tank Capacity

UNIT 3021

Lift Station 193 Indiana & Boca Chica Blvd. 60 KW Stationary

UNIT 3102

SRWA Well 10 Barreda Garden Road 200 KW Stationary

UNIT 3103

SRWA Well 17 Rego Road 200 KW Stationary

UNIT 3649

Annex Building 1425 Robinhood Dr. 1,250 KW Stationary

1,025

UNIT 3650

Power Plant 94 W. 13th St. & Power Plant Dr. 80 KW Stationary

In case of emergency, portable tanks will be allocated to different locations throughout Brownsville.

All OPIS pricing must be based off Pad 3 #598 Brownsville, Texas 1:00 PM to 2:00 PM August 10, 2026.

All tanks are above ground tanks. Number of Tanks, Capacity and Monthly Average usage for:

Location 1155 FM 511:

REGULAR UNLEADED

1 – 10,000-gallon capacity tank, 13,500 gallon usage per month, ordered on a weekly basis of 3,400 gallons average

DIESEL (ULTRA LOW SULFUR)

1 – 20,000-gallon capacity tank, 11,900 gallon usage per month, ordered approximately every 7 days – 3,000 gallons average

Location 1425 Robinhood Drive:

REGULAR UNLEADED

2 – 7,500-gallon capacity tank, 1,600 gallon usage per month, ordered as needed.

DIESEL (ULTRA LOW)

1 – 9,000-gallon capacity tank, 300 gallon usage per month, ordered as needed.

OFF ROAD DIESEL

On an as needed basis – 200 to 500 gallons for generators located throughout Brownsville. Diesel will be need within 24 hours after order is called in.

BPUB will accept the delivery of gasoline and diesel on the same truck. BPUB will only accept deliveries as we request them.

B053-26 Annual Supply of Fuel 10

COST SHEET

B053-26 for Annual Supply of Fuel

UNIT PRICE PER

GALLON

TOTAL (UNIT PRICE X

QTY)

Regular unleaded 87% Octane (Fleet)

OPIS

Profit Margin

Payment Discount QTY = 185,000

Total Cost per Gallon

Diesel Ultra Low (Fleet)

Profit Margin

Payment Discount QTY = 160,000

Diesel Low Sulfur (Generators)

Profit Margin

Payment Discount QTY = 1

Delivery Fee per Truck

State Motor Fuel Taxes (Gal)

B053-26 Annual Supply of Fuel 11

Term of services:

The purchase order shall be for a period of one (1) year from date of purchase order with the option to renew annually for an additional two (2) one-year periods, if service and price are satisfactory, and the renewal is agreed upon in writing by both parties.

Fuel is to be released as requested and be billed as such. Each release will be subject to an escalation/de-escalation cost based on the OPIS Pad 3 #598 Brownsville, TX 1:00 PM to 2:00 PM closing price on the day the release is received at BPUB.

The noted quantities are based on a yearly usage, the Purchase Order quantities are subject to BPUB’s right to increase or decrease quantities as deemed necessary. Stipulate below, if an increase or decrease in quantity affects bid price:

(_____) Yes, an increase or decrease in quantity affects bid price

(_____) No, an increase or decrease in quantity will not affect bid price.

Company Name:

Authorized Company Representative:

Authorized Company Representative:

Signature (Failure to sign bid will disqualify it)

Company Address:

Telephone #:

Email:

B053-26 Annual Supply of Fuel 12

REQUIRED FORMS

FORMS CHECKLIST

The following forms are be submitted as a part of the Bid/RFP/RFQ document

NAME FORM DESCRIPTION SUBMITTED WITH BID

YES NO

Legal Notice

Acknowledgement Form

Debarment Certification

Ethics Statement

Conflict of Interest Questionnaire

Certification of Interested Party Form 1295

Residence Certification

State Law Verification

House bill 89 Verification

W9 or W8 Form

Special Instructions

Bid Schedule/Cost sheet completed and signed

Cashier Check or Bid Bond of 5% of Total Amount of Bid (if applicable)

OSHA 300 Log (if applicable)

Contractor Pre-Bid Disclosure completed, signed and notarized (if applicable)

Sub-Contractor Pre-Bid Disclosure completed, signed, and notarized (if applicable)

References Complete the Previous Customer Reference Worksheet for each reference provided, (if applicable)

Addenda

NOTE: ALL FORMS MUST BE COMPLETED, SIGNED, NOTARIZED (IF APPLICABLE) AND

SUBMITTED WITH BID RESPONSE

B053-26 Annual Supply of Fuel 13

ETHICS STATEMENT

(THIS FORM MUST BE COMPLETED IN ITS ENTIRETY AND SUBMITTED WITH BID RESPONSE)

The undersigned Firm, by signing and executing this bid, certifies and represents to the Brownsville Public Utilities Board that Firm has not offered, conferred or agreed to confer any pecuniary benefit, as defined by (1.07 (a) (6) of the Texas Penal Code, or any other thing of value as consideration for the receipt of information or any special treatment of advantage relating to this bid; the Firm also certifies and represents that the Firm has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient’s decision, opinion, recommendation, vote or other exercise of discretion concerning this bid, the Firm certifies and represents that Firm has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Brownsville Public Utilities Board concerning this bid on the basis of any consideration not authorized by law; the Firm also certifies and represents that Firm has not received any information not available to other Firms so as to give the undersigned a preferential advantage with respect to this bid; the Firm further certifies and represents that Firm has not violated any state, federal, or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that Firm will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustee, agent or employee of the Brownsville Public Utilities Board in return for the person having exercised their person’s official discretion, power or duty with respect to this bid; the Firm certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent, or employee of the Brownsville Public Utilities Board in connection with information regarding this bid, the submission of this bid, the award of this bid or the performance, delivery or sale pursuant to this bid.

THE RESPONDENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE

BROWNSVILLE PUBLIC UTILITIES BOARD, ALL OF ITS OFFICERS, AGENTS AND

EMPLOYEES FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS,

PROCEEDING, COSTS, DAMAGES, AND LIABILITIES, ARISING OUT OF, CONNECTED WITH,

OR RESULTING FROM ANY NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR ANY

AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF RESPONDENT IN THE

EXECUTION OR PERFORMANCE OF THIS BID.

I have read all of the specifications and general bid requirements and do hereby certify that all items submitted meet specifications.

COMPANY: _______________________________________

AGENT NAME: ____________________________________

AGENT SIGNATURE: _______________________________

ADDRESS: ________________________________________

CITY: ____________________________________________

STATE: ____________________________ ZIP CODE: ________________

TELEPHONE: ________________________ TELEFAX: ___________________

FEDERAL ID#: ____________________ AND/OR SOCIAL SECURITY #:___________

DEVIATIONS FROM SPECIFICATIONS IF ANY:

NOTE: QUESTIONS AND CONCERNS FROM PROSPECTIVE CONTRACTORS SHOULD BE RAISED WITH

OWNER AND ITS CONSULTANT (IF APPLICABLE) AND RESOLVED, IF POSSIBLE, PRIOR TO THE BID

SUBMITTAL DATE. ANY LISTED DEVIATIONS IN A FINALLY SUBMITTED BID MAY ALLOW THE

OWNER TO REJECT A BID AS NON-RESPONSIVE.

B053-26 Annual Supply of Fuel 14

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS

(THIS FORM MUST BE COMPLETED IN ITS ENTIRETY AND SUBMITTED WITH BID

RESPONSE)

Name of Entity:___________________________________________________

The prospective participant certifies to the best of their knowledge and belief that they and their principals:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

b) Have not within a three year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and

d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State, Local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this bid or termination of the award. In addition, under 18 USC Section 1001, a false statement may result in a fine up to a $10,000.00 or imprisonment for up to five

(5) years, or both.

Name and Title of Authorized Representative (Typed)

Signature of Authorized Representative Date

I am unable to certify to the above statements. My explanation is attached.

B053-26 Annual Supply of Fuel 15

THIS FORM MUST BE SUBMITTED WITH BID RESPONSE

B053-26 Annual Supply of Fuel 16

B053-26 Annual Supply of Fuel 17

CERTIFICATE OF INTERESTED PARTIES-FORM 1295

Special message: Please read the Special Notification regarding HB 1295 effective January 1, 2016, implemented by the Texas Ethics Commission, which requires business entities to provide a completed Form 1295 to Brownsville PUB with signed contracts in order to execute them.

In 2015, the Texas Legislature adopted House Bill 1295. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

To implement the law, the Texas Ethics Commission (TEC) adopted new rules necessary to prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form, Form 1295, on October 5, 2015. The commission also adopted new rules as part of Chapter 46 of the Texas Administrative Code on November 30, 2015.

On January 1, 2016, TEC made a new filing application available on their website for business entities to use to both create and file Form 1295. Business entities will enter the required information on Form 1295 within the application and print a copy of the completed form, which will include a certification of filing with a unique certification number. An authorized agent of the business entity will need to sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be included with the signed contract to the governmental body or state agency in order for the governmental body to execute the contract.

Brownsville PUB will then notify the commission, using TEC’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract.

TEC will then post the business entity’s completed Form 1295 to its website within seven (7) business days after receiving notice from Brownsville PUB acknowledging that it was received.

To obtain additional information on HB 1295, to learn more about TEC’s process to create a new account or to complete an electronic version of Form 1295 for submission with a signed contract, please go to the following link: https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm

NOTE: IF AWARDED THIS CONTRACT, FORM 1295 WILL BE SUBMITTED AT THE TIME

THE SIGNED CONTRACT IS SUBMITTED TO BPUB. YES NO

https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm

B053-26 Annual Supply of Fuel 18

CERTIFICATE OF INTERESTED PARTIES FORM 1295

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

OFFICE USE ONLY

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract.

Name of Interested Party

City, State, Country (place of business)

Nature of Interest (check applicable)

Controlling Intermediary

5 Check only if there is NO Interested Party.

6 UNSWORN DECLARATION

My name is ____________________________________________, and my date of birth is ____________________________.

My address is________________________________________,_____________,_________,__________, _________, ________________ (street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in __________________County, State of ____________, on the ________day of ______________, 20_____.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017 http://www.ethics.state.tx.us/

B053-26 Annual Supply of Fuel 19

BROWNSVILLE PUBLIC UTILITIES BOARD

RESIDENCE CERTIFICATION

In accordance with Art. 601g, as passed by the 1985 Texas Legislature, the following will apply.

The pertinent portion of the Act has been extracted and is as follows:

Section 1. (a)

(1) "Nonresident CONTRACTOR" means a CONTRACTOR whose principal place of business is not in this state, but excludes a CONTRACTOR whose ultimate parent company or majority owner has its principal place of business in this state.

(2) "Texas resident CONTRACTOR" means a CONTRACTOR whose principal place of business is in this state, and includes a CONTRACTOR whose ultimate parent company or majority owner has its principal place of business in this state.

Section 1. (b)

The state or governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials or equipment to a nonresident CONTRACTOR unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident CONTRACTOR by the same amount that a Texas resident CONTRACTOR would be required to underbid a nonresident CONTRACTOR to obtain a comparable contract in the state in which the nonresident's principal place of business is located.

I certify that ______________________________________________________________ (Company Name) is a resident Texas bidder as defined in Art. 601g.

Signature: _____________________________________________________________

Print Name: _____________________________________________________________

I certify that ______________________________________________________________ (Company Name) is a nonresident Texas bidder as defined in Art. 601g. and our principal place of business is: ______________________________________________________________

(City and State)

Signature: _______________________________________________________________

Print Name:

B053-26 Annual Supply of Fuel 20

State Law Verifications

I, ______________________________________ (Person’s name), the undersigned representative of (Company or Business name) ____________________________________ _________________ _____________________ ______________ (hereafter referred to as the “Company”) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath as follows:

• IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS: By submission of a response to City of Brownsville Public Utilities Board (“BPUB”) Request for Bids (B053-26) (the “BID”), the responding Company represents that, to the extent this bid submission or any contracts executed in response to this bid constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Section 2252.152 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, neither the responding Company, nor any wholly owned subsidiary, majority‐owned subsidiary, parent company or affiliate of the Company is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code.

• ANTI‐BOYCOTT ISRAEL VERIFICATION: By submission of a response to the BPUB BID, the responding Company represents that, to the extent this bid submission, or any contracts executed in response to this bid, constitutes a contract for goods or services within the meaning of Section 2271.002 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2271 of the Texas Government Code, and subject to applicable federal law, including without limitation, 50 U.S.C. Section 4607, the responding Company, as well as any wholly owned subsidiary, majority‐owned subsidiary, parent company or affiliate of the Company, (1) does not boycott Israel and (2) will not boycott Israel through the term of any such contract. The term “boycott Israel” as used in this paragraph has the meaning assigned to such term in Section

808.001 of the Texas Government Code, as amended.

• VERIFICATION REGARDING NO DISCRIMINATION AGAINST FIREARMS: By submission of a response to the BPUB BID, the responding Company represents that, to the extent this bid submission, or any contracts executed in response to this bid, constitutes a contract for goods or services for which a written verification is required under Section 2274.002, Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session), as amended, the responding Company hereby verifies that it, as well as any wholly owned subsidiary, majority‐owned subsidiary, parent company or affiliate of the Firm, (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of any such contract against a firearm entity or firearm trade association. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session), as amended, to the extent such section does not contravene applicable Texas or federal law. As used in the foregoing verification, “discriminate against a firearm entity or firearm trade association” shall have the meaning assigned to such term in Section 2274.001, Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session).

• VERIFICATION REGARDING NO ENERGY COMPANY BOYCOTTS: By submission of a response to the BPUB BID, the responding Company represents that, to the extent this bid submission, or any contracts executed in response to this bid, constitutes a contract for goods or services for which a written verification is required under Section 2274.002, Texas Government Code (as added by Senate Bill 13, 87th Texas Legislature, Regular Session), as amended, the responding Company hereby verifies that the responding Company, as well as any wholly owned subsidiary, majority‐owned subsidiary, parent company or affiliate of the Firm, (1) does not boycott energy companies and (2) will not boycott energy companies during the term of any such contract.

The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code (as added by Senate Bill 13, 87th Texas Legislature, Regular Session), as amended, to the extent such section does not contravene applicable Texas or federal law. As used in the foregoing verification, “boycott energy companies” shall have the meaning assigned to such term in Section 809.001(1), Texas Government Code.

B053-26 Annual Supply of Fuel 21

DATE SIGNATURE OF COMPANY REPRESENTATIVE

On this the _____ day of _________________________, 20____, personally appeared

________________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

NOTARY SEAL____________________________________

NOTARY SIGNATURE____________________________________

Date

B053-26 Annual Supply of Fuel 22

Organization Name House Bill 89 Verification

I, ______________________________________ (Person name), the undersigned representative of (Company or Business name) ___________________________________________________ _________________ ___________________________________ (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named- above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract providing that:

(1) “company” does not include a sole proprietorship; and

(2) the law applies only to a contract that:

(a) is between a governmental entity and a company with 10 or more full-time employees; and

(b) has a value of $100,000 or more that is to be paid wholly or partly from public funds or the governmental entity

Pursuant to Section 2270.001, Texas Government Code:

1. “Boycott Israel” means 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 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; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

On this the _____ day of _________________________, 20____, personally appeared

________________________________________, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct.

NOTARY SEAL____________________________________

NOTARY SIGNATURE____________________________________ Date _________________

B053-26 Annual Supply of Fuel 23

B053-26 Annual Supply of Fuel 24

B053-26 Annual Supply of Fuel 25

Previous Customer Reference Worksheet

Name of Customer: Customer Contact:

Customer Address: Customer Phone Number:

Customer Email:

Name of Company Performing Referenced Work:

Provide a brief description of the work performed for this customer (add additional page if required)

What was the Period of Performance? What was the Final Acceptance Date?

From:

To:

Dollar Value of Contract?

What Type of Contract?

Firm Fixed Price Time and Material Not to Exceed Cost Plus Fixed Fee Other, Specify:______________________