ITB 2026-0002OILS AND LUBRICANTS.pdf

CSP 22-005 Page 1

City of New Braunfels Purchasing

SOLICITATION 550 Landa Street New Braunfels, Texas

AND OFFER 78130

Solicitation Number: ITB-

OILS, LUBRICANTS, AND DISPOSAL

Invitation to Bid Competitive (IFB)

Issued:

OCTOBER 2, 2026

SOLICITATION

Questions may be submitted until close of business, OCTOBER 20, 2026.

Proposal submittals must be submitted online via Beacon

Proposals will be received online until: 3:00 P.M. (CST), November 5, 2026. There will be no public bid opening. Late submissions will NOT be accepted.

For information regarding this solicitation, contact: Purchasing Representative:

Julie Gohlke

Asst Purchasing Manager

E-mail jgohlke@newbraunfels.gov

Proposal Bond Required: NO 100% Payment Bond Required: NO

100% Performance Bond Required: NO

OFFER

(This portion must be fully completed by Proposer.)

In compliance with the above, the undersigned offers and agrees to furnish any or all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein.

CONTRACT AWARD WILL INCLUDE ALL ASSOCIATED SOLICITATION DOCUMENTS, ATTACHMENTS, AND ADDENDA. SIGNATURE

IS MANDATORY

Company Name, Address of Proposer: Name and Title of Person Authorized to Sign Offer:

E-Mail Address:

Phone Number:

Fax Number:

Signature:

Date:

Specify Name, Address, E-mail Address, and Telephone Number of Person authorized to conduct negotiations on behalf of Proposer, if different than listed above.

mailto:jgohlke@newbraunfels.gov

CSP 22-005 Page 2

SECTION 2 – TABLE OF CONTENTS

SECTION 1 – SOLICITATION AND OFFER FORM 1

SECTION 2 – TABLE OF CONTENTS 2

SECTION 3 – STANDARD TERMS AND CONDITIONS 3

SECTION 4 – INSTRUCTIONS FOR RESPONSE 6

SECTION 5 – GENERAL REQUIREMENTS 12

SECTION 6 – SCOPE OF WORK AND SPECIFICATIONS 16

ATTACHMENT A - PROPOSAL FORM 22

ATTACHMENT B - COMPANY INFORMATION 23

ATTACHMENT C - RESPONDENT CERTIFICATIONS 27

CSP 22-005 Page 3

Revised 7/2021

SECTION 3 – STANDARD TERMS AND CONDITONS

Following are the standard terms and conditions that apply to contracts entered into with the City of New Braunfels, unless otherwise noted on a Purchase Order or within the Terms and Conditions section of a Contract.

a. Reasonable evidence that the Vendor’s obligations will not be completed within the

1. ACCEPTANCE

These General Terms and Conditions (“Terms and Conditions”) govern all orders issued by the City to the Vendor identified on the order. Fulfillment of any part of an order, or any other conduct by Vendor which recognizes the existence of an agreement pertaining to the subject matter of such order, shall constitute acceptance by Vendor of such order and all of the Terms and Conditions. The Terms and Conditions constitute the complete and exclusive statement of the terms and conditions between Vendor and the City. No revisions to this order or to the Terms and Conditions shall be valid unless made in writing and signed by an authorized representative of the City. The City accepts liability only for purchases of goods and services made through the Purchasing Department and evidenced by a purchase order.

2. CONTRACTOR TO PACKAGE GOODS

The Contractor will package goods according to good commercial practice. Each shipping container will be clearly and permanently marked as follows: (a) Contractor's name and address;

(b) Consignee's name, address and purchase order; (c) Container number and total number of containers, e.g., "box 1 of 4 boxes"; and (d) the number of the container bearing the packing slip. The Contractor will bear cost of packaging unless otherwise provided. Goods will be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. The City's count or weight will be final and conclusive on shipments not accompanied by packing lists.

3. FUNDING

Vendor recognizes that the continuation of any purchase order during and or after the close of any given fiscal year of the City of New Braunfels, which fiscal year ends on September 30 of each year, shall be subject to Council budget approval of the City providing for or covering such purchase order item as an expenditure therein. The City does not represent that said budget item will actually be adopted, or remain as adopted, as this determination is within the sole discretion of the City Council. Should funding not be approved by the City Council for any given budget year during the purchase order term, the purchase order will terminate and become null and void.

4. NON-APPROPRIATION: The resulting Agreement is a commitment of the City’s current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City’s budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year.

5. SHIPMENT UNDER RESERVATION PROHIBITED

The Contractor is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

6. TITLE & RISK OF LOSS

The title and risk of loss of the goods will not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery.

7. DELIVERY TERMS AND TRANSPORTATION CHARGES

F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in bid; the City agrees to reimburse the Contractor for transportation costs in the amount specified in the Contractor's bid, or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided the City will have the right to designate what method of transportation will be used to ship the goods.

8. NO REPLACEMENT OF DEFECTIVE PRODUCT

Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this will constitute a breach and the Contractor will not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Contractor may reasonably notify the City of his intention to cure and may then make a conforming tender within the contract time but not afterward.

9. PLACE OF DELIVERY

The place of delivery will be that set forth in the solicitation or the purchase order. The terms of this contract are "no arrival, no sale.”

10. PAYMENT/INVOICE REQUIREMENTS

(a) PAYMENTS will be made by check or warrant by City upon satisfactory delivery of services and submission and acceptance of Contractor’s INVOICE to the address or email address below, or as indicated on Purchase Order or as specified in contract.

ACCOUNTS PAYABLE

550 LANDA STREET

NEW BRAUNFELS, TEXAS 78130

Phone Number: (830) 221-4380

1. All payment terms will be “Net 30 Days” unless otherwise specified in the solicitation.

2. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.

3. Do not include federal taxes or State of Texas limited sales excise and use taxes in Proposal prices since CITY is exempt from payment of these taxes.

4. The City may withhold or set off the entire payment or part of any payment otherwise due the Vendor to such extent as may be necessary on account of:

time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.

b. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.

(b) INVOICES. Payment terms will be “Net 30 Days” with properly document invoices and upon satisfactory delivery of goods and services, unless otherwise specified in the contract. The City does not agree to the payment of late charges or finance charges assessed by the vendor for any reason.

Invoices must be submitted by the vendor to the City of New Braunfels, Finance – Accounts Payable, 550 Landa Street, New Braunfels, TX 78130 or email to a c c o u n t i n g t e c h n i c i a n s @ n e w b r a u n f e l s . g o v

Vendor must provide adequate detail on invoice for the City to review and approve. The City reserves the right to request and receive additional detail when needed. The following data shall accompany monthly invoices:

1. Date(s) of Service and Locations Serviced

2. Purchase Order Number and Contract Number

3. Any other data sharing as required by the Agreement.

(c) ASSIGN PAYMENT In a contract award exceeding Five Thousand Dollars ($5000.00), you may assign payment to a bank, trust company or other financing institution, including any Federal lending agency by prior written approval and authorization through the City Finance Department. Payment by City can be made only to one party. Assignments that do not conform to these terms will not be recognized.

(d) NOVATION/NAME CHANGE If you change your name or ownership (NOVATION), notify the City’s Purchasing Representative immediately. The change must be approved by the City Manager before any change can be recognized in the contract.

11. GRATUITIES

The City may, by written notice to the Contractor, cancel this contract without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of New Braunfels with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making or any determinations with respect to the performing of such a contract. In the event this contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities.

12. SPECIAL TOOLS AND TEST EQUIPMENT

If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Contractor as such.

13. WARRANTY-PRICE

a. The price to be paid by the City will be that contained in the Contractor's offer which the Contractor warrants to be no higher than Contractor’s current prices on orders by others for products of the kind and specification covered by this contract for similar quantities under similar or like conditions and methods of purchase. In the event Contractor breaches this warranty the prices of the items will be reduced to the Contractor's current prices on orders by others, or in the alternative, the City may cancel this contract without liability to Contractor for breach or Contractor's actual expense.

b. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the City will have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

14. WARRANTY OF PRODUCTS AND SERVICES

All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in purchase order, to the satisfaction of City and in accordance with the specifications, terms and conditions outlined herein, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided.

15. SAFETY WARRANTY

Contractor warrants that the product sold to the City will conform to the standards promulgated by the US Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, the City may return the product for correction or replacement at the Contractor's expense. In the event the Contractor fails to make the appropriate correction within reasonable time, correction made by the City will be at the Contractor's expense.

mailto:accountingtechnicians@newbraunfels.gov

CSP 22-005 Page 4

16. NO WARRANTY BY THE CITY AGAINST INFRINGEMENTS

As part of this contract for sale Contractor agrees to ascertain whether goods manufactured according to the specifications attached to this contract will cause the rightful claim of any third person by way of infringement or the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim and in no event will the City be liable to the Contractor for indemnification if Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of this contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, the Contractor will save the City harmless (if the Contractor in good faith ascertains that production of goods according to the specifications will result in infringement or the like, this contract will be null and void except that the City will pay the Contractor the reasonable cost of his search as to infringements).

17. RIGHT OF INSPECTION

Goods purchased are subject to inspection by Buyer. Buyer reserves the right to reject or refuse acceptance of goods which are not in accordance with Buyer’s instructions, specifications, drawings and date, or Contractor’s warranties (expressed or implied). Goods not accepted will be returned to Contractor at Contractor’s risk and expense. Payment for any goods shall not be deemed an acceptance thereof and shall be refunded to the Buyer in the event Contractor cannot fulfill an acceptable order.

18. CANCELLATION Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Contractor breaches any of the terms hereof including warranties of Contractor or if the Contractor becomes insolvent or commits acts of bankruptcy.

Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

19. TERMINATION CLAUSES

(a) TERMINATION FOR DEFAULT Pertaining to contract-related issues, it is the responsibility of both the City of New Braunfels and the awarded Contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract the City or the Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and associated corrective action. The other party will, within 10 days, respond in writing to the other party. If conditions warrant, the City will retain the right to require the Contractor to respond in a shorter period of time. Failure to take corrective action or failure to provide a written reply within the prescribed 10 days may constitute a default of contract.

Prior to termination, the City may choose to warn the Contractor, verbally or in writing, of any issue of non-compliant or unsatisfactory performance. Such written warning may include placing the Contractor on probation, thereby giving the Contractor a certain period of time to correct the deficiencies or potentially incur termination. The City will maintain in the contract file a written record of any such warning detailing all pertinent information. If the Contractor does not agree with such action, the Contractor will have 10 days to dispute or protest, in writing, such action;

if Contractor does not do so within the 10-day period, Contractor will have no recourse but to accept and agree with the City’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the City’s alleged incorrect action(s).

If the Contractor is in material breach of the contract, the City may promptly terminate the contract in whole or in part. Such termination must be delivered to the Contractor in writing and will fully detail all pertinent issues pertaining to the cause of and justification for the termination.

The termination will be effective upon the date set forth in the notice and will not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

After termination, if the Contractor does not agree with the City’s justification for the termination, the Contractor will have 10 days to dispute, in writing, such action; if Contractor does not do so within the 10-day period, Contractor will have no recourse but to accept and agree with the City’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing the City’s alleged incorrect action(s). Termination by City may be directed by City Director(s), without further action by City Council. However, if necessary, City Council may take whatever action as its interest may appear, resulting from such notice.

City reserves the right to enforce the performance of this contract in any manner prescribed by law in the event of breach or default of this contract and may contract with another party with or without solicitation of Proposals or further negotiations. As a minimum, Contractor may be required to pay any difference in the cost of securing the products or services covered by this contract or compensate for any loss to City should it become necessary to contract with another source because of default, plus reasonable administrative costs and attorney's fees.

(b) If it is in the PUBLIC INTEREST TO TERMINATE the contract, the City Manager reserves the right to do so. If terminated for the public good, all costs directly attributable to work done or supplies obtained in preparation for completion or compliance with the contract prior to termination will be paid. Costs are excluded which are recoverable in the normal course of business or which can be mitigated through the sale of supplies or inventories. In the event City pays for supplies or materials, they will become the property of CITY and will be delivered to the F.O.B. point shown in the contract, or as designated by the City Finance Department, Purchasing division. No anticipated profits are payable.

20. DISPUTE RESOLUTION

Pursuant to subchapter I, Chapter 271, TEXAS LOCAL GOVERNMENT CODE, Contractor agrees, that prior to instituting any lawsuit or other proceeding arising from any dispute or claim of breach under this order (a “Claim”), the parties will first attempt to resolve the Claim by following the steps within this code.

a. If a dispute or claim arises under an Agreement, the parties agree to resolve the dispute or claim by appropriate internal means.

21. ADDITIONAL REMEDIES

If the City terminates the contract because the Contractor fails to deliver goods as required by the contract, the City shall have all of the remedies available to a buyer pursuant to the

UNIFORM COMMERCIAL CODE including the right to purchase the goods from another vendor in substitution for those due from the Contractor. The cost to cover shall be the cost of substitute goods determined by informal or formal procurement procedures as required by the Local Government Code. The City may recover the difference between the cost of cover and the contract cost by deducting the same from amounts owed to Contractor for goods delivered prior to termination or any other lawful means.

22. FORCE MAJEURE

If, by reason of Force Majeure, either party hereto will be rendered unable wholly or in part to carry out its obligations under this Contract then such party will give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, will be suspended for only thirty (30) days during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party will try to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, will mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals. It is understood and agreed that the settlement of strikes and lockouts will be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure will be remedied with all reasonable dispatch will not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. If a party is unable to comply with the provisions of this contract by reason of Force Majeure for a period beyond thirty days after the event or cause relied upon, then upon written notice after the thirty (30) days, the affected party shall be excused from further performance under this contract.

23. ASSIGNMENT-DELEGATION

No right or interest in this contract will be assigned or delegation of any obligation made by the Contractor without the written permission of the City Manager. Any attempted assignment or delegation by the Contractor will be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

24. WAIVER

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

25. MODIFICATIONS

This order can be modified or rescinded only in writing signed by both parties or their duly authorized agents.

26. APPLICABLE LAW

The law of the State of Texas will control this contract along with any applicable provisions of Federal law or the City Charter or any ordinance of the City of New Braunfels.

27. ADVERTISING

Contractor will not advertise or publish, without the City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government. 16.

AVAILABILITY OF FUNDS The awarding of this contract is dependent upon the availability of funding. In the event that funds do not become available the contract may be terminated or the scope may be amended. A 30-day written notice will be given to the vendor and there will be no penalty nor removal charges incurred by the City.

28. RIGHT TO ASSURANCE

Whenever one party to this contract in good faith has reason to question the other party's intent to perform, he may demand that the other party give written assurance of his intent to perform.

In the event that a demand is made, and no assurance is given within five (5) calendar days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

29. VENUE

Both parties agree that venue for any litigation arising from this contract will lie in Comal County, Texas.

30. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS

No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall financially interested, directly or indirectly, in the sale to the County of any land, materials, supplies or service, except on behalf of the County as an officer or employee.

Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to removal from his office or position.

Any violation of this section with the knowledge expressed or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Council.

31. NO CITY OFFICER, EMPLOYEE OR ELECTED OFFICIAL WILL BENEFIT from this contract. They may not hold a share or interest in its proceeds. If the award is to a corporation, however, the provision does not apply to minority stockholders of publicly traded corporations.

32. INDEMNIFICATION

Contractor or its insurer will INDEMNIFY, DEFEND AND HOLD the City, its officers, agents and employees, HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITY, DAMAGES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES

AND COSTS) FOR ANY DAMAGE TO OR LOSS OF ANY PROPERTY, OR ANY ILLNESS,

INJURY, PHYSICAL OR MENTAL IMPAIRMENT, LOSS OF SERVICES, OR DEATH TO ANY

PERSON ARISING OUT OF OR RELATED TO THIS AGREEMENT,

even where such damage, injury, loss, illness, physical or mental impairment, loss of service, or death results from or involves NEGLIGENCE, or allegations of negligence on the part OF THE CITY, its officers, agents, or employees. Without modifying the conditions of preserving, asserting or enforcing any legal liability against the City as required by the City Charter or any

CSP 22-005 Page 5 law, the City will promptly forward to Contractor every demand, notice, summons or other process received by the City in any claim or legal proceeding contemplated herein. Contractor will 1) investigate or cause the investigation of accidents or occurrences involving such injuries or damages; 2) negotiate or cause to be negotiated the claim as the Contractor may deem expedient; and 3) defend or cause to be defended on behalf of the City all suits for damages even if groundless, false or fraudulent, brought because of such injuries or damages. Contractor will pay all judgments finally establishing liability of the City in actions defended by Contractor pursuant to this section along with all attorneys' fees and costs incurred by the City including interest accruing to the date of payment by Contractor, and premiums on any appeal bonds.

The City, at its election, will have the right to participate in any such negotiations or legal proceedings to the extent of its interest. The City will not be responsible for any loss of or damage to the Contractor's property from any cause.

33. RIGHT TO AUDIT

The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and copy any directly pertinent books, computer and digital files, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. The City will pay Contractor for reasonable costs of any copying the City performs on the Contractor’s equipment or requests the Contractor to provide. The Contractor agrees to refund to the City any overpayments disclosed by any such audit. The Contractor agrees that it will include this requirement into any subcontract entered into in connection with this Contract.

34. INDEPENDENT CONTRACTOR/CONTRACTUAL RELATIONSHIP

Nothing herein will be construed as creating the relationship of employer and employee between the City and the Contractor or between the City and the Contractor's employees. The City will not be subject to any obligations or liabilities of the Contractor or his employees incurred in the performance of the contract unless otherwise herein authorized. The Contractor is an independent Contractor, and nothing contained herein will constitute or designate the Contractor or any of his employees as employees of the City. Neither the Contractor nor his employees will be entitled to any of the benefits established for City employees, nor be covered by the City's Workers' Compensation Program.

35. INTERPRETATION-PAROL EVIDENCE

This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their contract. No course of prior dealings between the parties and no usage of the trade will be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this contract, the definition contained in the Code is to control.

36. INSURANCE AND LIABILITY (Increments may change depending on the size of the contract/project) When performing work on property in the care, custody or control of the City, Contractor shall maintain all commercial general liability insurance, workers’ compensation insurance and any other insurance the City deems appropriate under the Contract. Contractor shall furnish an insurance certificate evidencing required insurance coverage acceptable to the City. Upon request by the Buyer, the Contractor may be required to have the City shown as an “additional insured” on selected policies.

37. COMPLIANCE WITH NON-DISCRIMINATION LAWS

The Contractor agrees that it, its employees, officers, agents, and subcontractors, will comply with all applicable federal and state laws and regulations and local ordinances of the City in the performance of this Contract, including, but not limited to, the American with Disabilities Act, the

Occupational Safety and Health Act, or any environmental laws. The Contractor further agrees that it, its employees, officers, agents, and subcontractors will not engage in any employment practices that have the effect of discriminating against employees or prospective employees because of sex, race, religion, age, disability, ethnic background or national origin, or political belief or affiliation of such person, or refuse, deny, or withhold from any person, for any reason directly or indirectly, relating to the race, gender, gender identity, sexual orientation, color, religion, ethnic background or national origin of such person, any of the accommodations, advantages, facilities, or services offered to the general public by place of public accommodation.

38. SAFEGUARDING OF INFORMATION AND DATA

The Contractor will safeguard all information and data provided by the City. Further, Contractor will not sell or make available data or mailing lists compiled from data received from the City without the express written approval of the City Council, through the City’s Finance Department, Purchasing division, with appropriate remuneration to the City.

39. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK)

Other governmental entities may be extended the opportunity to purchase from the City’s Agreements, with the consent and agreement of the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent’s submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated “piggyback” procurements.

40. COMPLIANCE WITH GOVERNMENT CODE TITLE 10 SUBTITLE F CHAPTER 2252

Pursuant to subtitle F, Chapter 2252, TEXAS GOVERNMENT CODE, vendors shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of New Braunfels.

41. COMPLIANCE WITH GOVERNMENT CODE TITLE 10 SUBTITLE F CHAPTER 2270

Pursuant to subtitle F, Chapter 2270, TEXAS GOVERNMENT CODE, vendor shall not boycott Israel at any time while providing products or services to the City of New Braunfels.

CSP 22-005 Page 6

SECTION 4

INSTRUCTIONS FOR RESPONSE

4.1 SUBMISSION OF PROPOSALS

ELECTRONIC SUBMISSION: The City of New Braunfels utilizes Beacon as its e-procurement site. For this Request for Proposal, electronic bid submission is the preferred option available to Proposers via the website:

https://www.newbraunfels.gov/531/Purchasing

Proposers must register in order to prepare and submit your electronic submission.

If submitting an electronic bid through BEACON, an original hardcopy and USB will not be required.

Questions relating to definitions, interpretations, and/or requests for clarification must be in writing via the Beacon Q&A Portal.

HARD COPY SUBMISSION: Deliver your Proposal, or changes to your Proposal, in SEALED ENVELOPES OR PACKAGES identified on outside as a Request for Proposal to Owner, with Respondent’s name and address, and solicitation name. Failure to submit Proposal in this manner may subject Respondent to disqualification.

Proposal may be delivered in person to the New Braunfels City Hall, or by Express Mail or delivery service to:

City of New Braunfels City Secretary’s Office/Front Lobby ATTN: Purchasing 550 Landa Street New Braunfels, TX 78130

The outside of the Proposal envelope or package must state:

OILS, LUBRICANTS, AND DISPOSAL

It is the sole responsibility of the respondent to ensure timely delivery of the Proposal. Owner will not be responsible for failure of service on the part of the U.S. Post Office, courier services, or any other form of delivery service chosen by the respondent. PROPOSALS RECEIVED

AFTER THE CLOSING DATE AND TIME WILL NOT BE ACCEPTED OR CONSIDERED.

There will be NO public bid opening.

The Proposal shall contain evidence of Proposer’s authority and qualification to do business in the State where the Project is located, or Proposer shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Proposal. Proposer’s State Contractor License number, if any, shall also be shown on the Attachment A – Proposal Form.

https://www.newbraunfels.gov/531/Purchasing

CSP 22-005 Page 7

(a) An authorized official of the firm must print or type their name and SIGN THE

PROPOSAL.

(b) Proposals may not be withdrawn after the time set for the closing, unless approved by the City.

(c) Your offer or a modification to your offer is LATE if received after the time set for Proposal opening and will not be considered.

(d) If you need clarification or have any question as to the true meaning of specifications or any other document in the solicitation, your concerns must be submitted in writing to the City’s Purchasing Representative, via email only, on or before seven (7) calendar days prior to scheduled opening of Proposals. Late requests will not be honored. Timely requests will be interpreted or otherwise clarified by issuance of an addendum to the solicitation distributed to all sources that received a set of the solicitation. No other interpretations or clarifications will be provided prior to award.

(e) Prompt payment discounts WILL NOT BE CONSIDERED in determining low Proposal and making award. Prompt Payment Discounts offered by Proposer, and earned by the City, will be taken. When computing the DISCOUNT PERIOD for payments, time will begin upon satisfactory delivery of goods and/or submission of acceptable invoice, whichever is later. Partial payments will not be made unless specifically requested and approved by City prior to award of contract.

(f) The following items request information that the Evaluation Committee will utilize to evaluate the

Proposal. Failure to provide any of the information below may result in a Proposal being deemed non-responsive and therefore not considered in the selection process.

A firm wishing to be considered for a contract is requested to submit on the firm’s letterhead, a statement which provides information on the following points, numbered and headed as indicated.

The statements that follow request information that the Evaluation Committee will use to evaluate the CSP. Should you opt not to follow the suggested outline, it may result in the CSP being considered non-responsive and therefore not considered in the selection process.

To achieve a uniform review process and to obtain a maximum degree of comparability, the City of New Braunfels requires that Proposals be submitted with one (1) original master (marked ‘original’), and one signed USB electronic copy of all documents listed below.

If submitting an electronic bid through BEACON, an original hardcopy and USB will not be required.

Each Proposal completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity, will include the following in one envelope/package:

• TAB 1 Solicitation and Offer Form: Complete and sign form located on Page 1.

• TAB 2 Acknowledgment of any Addendum issued on this solicitation, if applicable.

• TAB 3 Cover Letter - Name and address of the Respondent, as well as a brief description of the company and its history, and how this makes the Proposer qualified for this proposal.

• TAB 4 ATTACHMENT A – PROPOSAL FORM AND PROPOSED CONTRACT PRICING

Complete Attachment A – Proposal Form and include your price list for all offered services outlined in your Proposal response.

CSP 22-005 Page 8

• TAB 5 Qualifications and Experience of Company, Demonstrated Experience and Expertise in Contracts/Projects of Similar Scope, Recommended Approach to Management of City’s Contract, include relevant qualifications, experience, project approach, quality control methods, etc. Also include ATTACHMENT B–COMPANY INFORMATION; and ATTACHMENT C – RESPONDENT CERTIFICATIONS to your proposal to support Qualification and Experience of Company criteria. Failure to submit Attachments B and C will deem your proposal non-responsive.

• TAB 6 Other Support:

a. Conflict of Interest Questionnaire (per Section 5.9) Must be filed with the City Secretary IF the vendor has a business relationship as defined by Section 176.001(1-a) with the City and the vendor meets requirements under Section 176.006(a).

b. Certificate of Interested Parties - Form 1295 (Refer to Section 5.10) This form will be requested from awarded Proposer.

c. Company and/or Employee Licenses, as applicable, to perform the requested services of this solicitation.

d. Certificate of Insurance (Refer to Section 5.6) Actual finalized proof of insurance coverage will only be required of the selected Proposer. Proposers can send their certificate of insurance “for information purposes only” with their Proposal.

• TAB 7 Deviations from Request for Proposal:

Proposer is to indicate any deviations being offered in lieu of specified language referenced in the solicitation. Each deviation should be clearly identified as listed within the CSP for cross reference purposes. The terms may be negotiated as part of the negotiation process with the exception of contract provisions that are non- negotiable.

Final approval and acceptance of deviations will be at the discretion of the City.

4.2 PROPOSED SOLICITATION SCHEDULE

DATE MILESTONE

OCTOBER 2, 2026

Solicitation Issued

OCTOBER 20, 2026 Deadline to receive questions shall be 5:00 P.M.

NOVEMBER 5, 2026 Proposal submission deadline – 3:00 P.M. CST

4.3 CONTACT FOR QUESTIONS

All questions concerning this solicitation shall be in writing, on or before OCTOBER 20, 2026, via the Beacon Q&A Portal

CSP 22-005 Page 9

All prospective respondents are hereby instructed to not contact any member of the City of New Braunfels City Manager, New Braunfels’ City Council or evaluation committee, or City of New Braunfels’ staff members other than the noted contact person regarding this solicitation on page 1.

Any such contact may be cause for rejection of your Proposal.

4.4 SOLICITATION UPDATES

Respondents shall monitor the City’s Website for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. It is the Respondent’s responsibility to change the websites for current changes to the Solicitation documents.

4.5 EXCEPTIONS AND DEVIATIONS

Any exceptions to the specifications or objectives of the solicitation document must be clearly stated in Respondent’s Proposal.

4.6 COMPETITIVE PROPOSALS

Proposals will not be opened publicly to avoid disclosure of contents to competing respondents and kept confidential during the process of negotiation. However, all Proposals will be open for public inspection after award except for trade secrets and confidential information contained in the Proposals and identified as such by the Proposer. Marking the entire Proposal as confidential and/or proprietary is not in conformance with the Texas Open Records Act.

4.7 EVALUATION OF PROPOSALS

It is the intent of the City of New Braunfels to award contract(s) to the lowest qualified bidder(s).

The City’s intent is to award multiple contracts as a result of this solicitation.

The lowest qualified bidder is the company or individual that offers the best value for a project or job while meeting all the requirements and specifications of the contract. The lowest bidder is not always the most qualified, and other factors should be considered:

• Responsiveness

The bidder must meet all the mandatory requirements outlined in the Request for Proposal (RFP), such as submitting the proposal on time and adhering to the specified format.

• Track record

The bidder should have a proven track record of completing similar projects successfully.

• Pre-qualification

A pre-qualification process may consider scores on reputation, capability, compliance, physical location, appropriate experience, quality control, and past performances.

• Value-added services

Consider what additional value-added services the bidder provides.

• Quality of materials

Consider whether the bidder will use quality materials or cheaper, inferior materials.

CSP 22-005 Page 10

• Insurance

Consider whether the bidder has the proper insurance levels and will ensure their subcontractors are also properly insured.

• Personnel

Consider whether the bidder has the requisite personnel to properly supervise and oversee the project.

Oral Presentations After all proposals have been reviewed, the selection committee may require representatives of one or more of the respondents to appear and make presentations to the evaluation committee for the purpose of making a final evaluation and recommendation for contract award. However, the City may, in its sole discretion, award a contract without oral presentations taking placed, based solely on information supplied in the proposal responses.

Cost and/or Pricing Data will be required to be submitted with the Proposal, as specified elsewhere in this IFB, and additional cost information during the process of any negotiations that may be conducted after receipt of Proposals and prior to award.

Other Considerations: The City reserves the right to consider historical information and facts, whether gained from the Proposal, references, or any other source, in the evaluation process, including Respondent’s past working or business relationship with the City, if any. The City further reserves the right to consider a respondent’s background, personnel, experience, financial and other references, management practices, exceptions to the CSP or subsequent contract, and any working relationships, past or present, a respondent may have with its other clients.

SECTION 5

GENERAL REQUIREMENTS

5.1 CONTRACT TERM

This contract shall be for a term of three (3) years with the option to renew for an additional two (2) terms of one (1) year each.

5.2 CONTRACT CHANGES

The City Purchasing Representative may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any of the following.

a) Description of services to be performed.

b) Time of performance (i.e., hours of day, days of week, etc.)

c) Place of performance of the services and/or delivery of products.

d) Correction of errors of a general administrative nature or other mistakes, the correction that does not affect the scope of the contract or does not result in expense to the Contractor.

If any such change causes an increase or decrease in the cost of, or time required for, performance of any part of the work under this contract, whether or not changed by the order, the City will make an equitable adjustment in the contract price, the delivery schedule, or both, and will modify the contract.

The Contractor must submit any "Proposal for adjustment" under this clause within 30 days from the date of receipt of the written order. However, if the City decides that the facts justify it, the City may receive and act upon a Proposal submitted before final payment of the contract. If the Contractor's Proposal includes the cost of property made obsolete or excess by the change, the City will have the right to prescribe the manner of disposition of the property. Failure to agree to any adjustment will be a dispute under the Disputes and Appeals clause. However, nothing in this clause will excuse the

Contractor from proceeding with the contract as changed.

5.3 INSURANCE AND LIABILITY

During the period of this contract, Contractor will maintain at his expense, insurance with limits not less than those prescribed below. Contractor further agrees to indemnify, defend, and hold City of New Braunfels harmless from any and all causes of action arising from this contract. With respect to required insurance, Contractor will:

a) Name City of New Braunfels as additional insured/or an insured, as its interests may appear.

b) Provide City of New Braunfels a waiver of subrogation. Contractor’s workers’ compensation, employers’ liability, commercial automobile liability, CGL, excess liability, professional liability, and builder’s risk insurance policies will be endorsed to waive all rights of subrogation in favor of the Owner Group. With respect to all such policies, Contractor waives any and all rights of recovery or subrogation against the Owner Group.

c) Provide City of New Braunfels with a thirty (30) day advance written notice of cancellation or material change to said insurance.

d) Provide a Certificate of Insurance evidencing required coverage within ten (10) days after receipt of Notice of Award to the City’s Finance department, Purchasing Representative noted on Page 1 of this contract.

Submit a certificate of insurance reflecting coverage as follows:

a. Automobile Liability (REQUIRED ONLY IF SERVICES ARE PERFORMED ON CITY PREMISES)

Bodily Injury (Each Person) - $250,000 Bodily Injury (Each Accident) - $500,000 Property Damage - $100,000 General Liability (Including Contractual Liability)Bodily Injury

- $ 500,000

Property Damage - $100,000

c. Worker's Compensation - Statutory

ACTUAL FINALIZED INSURANCE COVERAGE WILL ONLY BE REQUIRED OF THE SELECTED

PROPOSER. PROPOSERS CAN SEND THEIR CERTIFICATE OF INSURANCE “FOR

INFORMATION PURPOSES ONLY” WITH THEIR PROPOSAL.

5.4 INDEMNITY AGAINST LOSS

The City does not assume any liability to third persons, nor will the City reimburse the Contractor for its liability to a third person, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of this contract or any subcontract hereunder, and Contractor further agrees to provide the defense for, and indemnify and hold harmless City from any and all claims, suits, causes of action, and liability, arising in connection with this contract.

5.5 SAFEGUARDING OF INFORMATION AND DATA

The Contractor will safeguard all information and data provided by the City. Further, Contractor will not sell or make available data or mailing lists compiled from data received from the City without the express written approval of the City Council, through the City’s Finance Department, Purchasing division, with appropriate remuneration to the City.

5.6 CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ):

In accordance with Chapter 176 of the Texas Local Government Code, “Disclosure of Certain Relationships with Local Government Officers,” persons, or their agents who seek to who seek to contract for the sale or purchase of property, goods, or services with the City, will file a Conflict of Interest Questionnaire (Form CIQ) with the City Secretary if the vendor has a business relationship as defined by Section 176.001(1-a) with the City and the vendor meets requirements under Section 176.006(a).

Form CIQ is available from the Texas Ethics Commission by accessing the following web address:

https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

The Conflict of Interest Questionnaire (Form CIQ) is required to be filed…