On-Site_Fuel_Services.pdf

INVITATION TO BID

ITB #2024-02B

ON-SITE FUEL SERVICES

City of Rosenberg

2110 4th Street

Rosenberg, TX 77471

RELEASE DATE: March 18, 2024

DEADLINE FOR QUESTIONS: March 29, 2024

RESPONSE DEADLINE: April 4, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/rosenbergtx

City of Rosenberg

INVITATION TO BID

On-Site Fuel Services

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal

Invitation To Bid #2024-02B Title: On-Site Fuel Services

1. Introduction

1.1. Summary

The City of Rosenberg is seeking a qualified vendor to provide for the purchase and delivery of on-site fuel (gasoline and diesel) services.

Notice to All Vendors

The City of Rosenberg utilizes OpenGov Procurement as its eProcurement platform. All solicitations, official notices, addenda, other solicitation documents, and contracts will be posted in OpenGov.

Registration is highly encouraged to ensure you receive proper notifications.

Information obtained from any other source is done so solely at your own risk.

The City of Rosenberg takes no responsibility for information posted outside of the OpenGov

Procurement Platform or Legal Notices published in the Fort Bend Herald.

1.2. Contact Information

Blake Skiles

Procurement Manager

2110 4th Street

Rosenberg, TX 77471

Email: tskiles@rosenbergtx.gov

Phone: (832) 595-3363

Department:

Fleet Maintenance

1.3. Timeline

Release Project Date March 18, 2024

Question Submission Deadline March 29, 2024, 5:00pm

Proposal Submission Deadline April 4, 2024, 2:00pm mailto:tskiles@rosenbergtx.gov tel:(832)595-3363

2. Legal Notice

2.1. Notice to Bidders

The City of Rosenberg is soliciting sealed bids from qualified vendors for On-Site Fuel Services.

Sealed Bids must be submitted electronically or received by the City Secretary’s Office no later than:

2:00 pm, Thursday, April 4, 2024.

All sealed bids must be received either electronically or at the designated location by the deadline shown. Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All bids will be opened, and bidder’s names publicly read aloud promptly in the City Hall Council

Chamber, at 2110 4th Street, Rosenberg, Texas 77471, at 2:00 pm, Thursday, April 4, 2024.

To obtain a copy of the Invitation to Bid or submit an electronic bid please visit:

https://procurement.opengov.com/portal/rosenbergtx

If a Bidder chooses to submit a Hard Copy Bid, it must be delivered in a sealed envelope with a return address and clearly marked “City of Rosenberg Invitation to Bid (ITB No. 2024-02B). DO NOT OPEN IN

THE MAIL ROOM.” The bidder’s firm name shall appear on the outside of the envelope.

Submit Hard Copy Bids to:

City of Rosenberg

City Secretary’s Office

2110 4th Street * P.O. Box 32

Rosenberg, Texas 77471

ITB No. 2024-02B – DO NOT OPEN IN MAIL ROOM

The point of contact for this solicitation is City of Rosenberg Chief Procurement Officer Blake Skiles, NIGP-CPP, CPPB, CPPM, CPP, CPC. Should you have any questions or require additional information or clarification on information contained in the ITB, please submit your questions via OpenGov

Procurement at the website listed above no later than 5:00 pm on Friday, March 29, 2024.

The City reserves the right to reject any or all bids and to waive informalities in bids. In case of ambiguity or lack of clearness in stating the prices in any bid, the City reserves the right to consider the most advantageous construction thereof, or to reject the bid. The award will be made to the responsible bidder who provides services at the best value to the City.

Danyel Swint, TRMC, City Secretary

3. Instructions, Terms and Conditions

3.1. General Instructions

The City of Rosenberg will receive sealed bids for the goods/services described in this Invitation to bid

(ITB).

IT IS UNDERSTOOD that the City Council of the City of Rosenberg reserves the right to reject any or all bids for any or all products and/or services covered in this Invitation to Bid and to waive any informalities or defects in such bids.

BIDDER RESPONSIBILITY

Bid must be submitted on the pricing forms included for that purpose in this packet. Each bid shall be acknowledged by a person having the authority to bind the firm in a contract.

FACSIMILE AND/OR EMAIL TRANSMITTALS SHALL NOT BE ACCEPTED AND WILL BE VOIDED IF

RECEIVED.

Bidders should carefully examine all terms, conditions, specifications and related documents. Should a bidder find discrepancies in, or omissions from, the specifications or related documents, or should there be a doubt as to their meaning, the City of Rosenberg Procurement Department should be notified immediately for clarification prior to submitting the bid. In the event of any conflict between the terms and conditions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the City of Rosenberg’s interpretation shall govern.

DOCUMENTATION

Bidder shall provide with this bid response all documentation required by this ITB. Failure to provide this information may result in rejection of bid.

DESCRIPTIONS

Specifications may reference any catalog, brand name or manufacturers’ model numbers. It is the intent of the City of Rosenberg to be DESCRIPTIVE – NOT RESTRICTIVE and to establish a desired quality level of merchandise or to meet a pre-established standard of quality. Bidders may offer items of equal quality and the burden of proof of such quality rests with them.

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 that the quantity identified in the location listing in section 4, depending on actual requirements.

PRICING

During this agreement period, prices may be adjusted based on market values. The 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.

Prices shall include all costs, including delivery. No other fees will be allowed other than the fees defined in the Specifications and Pricing Sheet.

SALES TAX

City of Rosenberg is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. As such, tax should not be included in bid.

ADDENDA

Any interpretations, corrections or changes to this Invitation to Bid and Specifications will be made by addenda. Sole issuing authority of addenda shall also be vested in the City of Rosenberg Procurement

Department.

ISSUANCE OF ADDENDA

As addenda is issued, it shall be posted via the City's eProcurement Portal. It is the bidder's responsibility as the supplier to review all addenda posted prior to the completion and submission of the bid. All addenda should be reviewed and considered in the submission of the bid as it pertains to the pricing and scope of work outlined herein.

Bidders are responsible for checking the City's eProcurement Portal regularly for any changes to the bid documents, such as addenda, clarifications, and questions. The City can only guarantee the accuracy and completeness of information on the City's eProcurement Portal. If another agency or construction data website references this project, please also refer to the City's eProcurement Portal or contact the City of

Rosenberg Procurement Department at (832) 595-3363 to verify completeness of the data.

LATE BIDS

Bids received by the city after the submission deadline will be considered VOID and unacceptable. City of Rosenberg is not responsible for lateness, failure of technology or non-delivery of mail, carrier, etc.

The date/time stamp in the City Secretary’s Office shall be the official time of receipt.

BID WITHDRAWAL

Any bid may be withdrawn and/or edited prior to the scheduled time for opening via the City's eProcurement Portal.

BID REJECTION

City Council may choose to reject all bids and not award any contract.

BID AWARD

The City shall award the contract to the lowest responsive and responsible bidder(s) under each section, providing the best value to the City meeting or exceeding the terms, conditions, and specifications of the bid. The City has the right to award contracts upon the conditions, terms, and specifications contained in a bid submitted to the City for a period of up to one hundred and eighty (180) days following the date specified for the opening of bids.

In determining the lowest responsive and responsible bidder, the City may consider:

1. Whether the bidder has adequate financial resources to comply with the contract awarded;

2. Whether the bidder has a satisfactory record of performance with the City or other entities;

3. Any other factors that could be material to the bidder’s ability to comply with the contract;

4. Principal place of business for bidder(s) whose bid for real property is within three (3) percent of the lowest bid price received from non- resident bidders (Texas Local Government Code 271.905); and

5. Principal place of business for bidder(s) whose bid of construction services in an amount less than

$100,000.00, or a contract for purchases less than $500,000.00, is within five (5) percent of the lowest bid price received from non-resident bidders (Texas Local Government Code 271.90).

3.2. Contract Term

CONTRACT TERM

Contract shall commence on the latest date executed by both parties and continue until September 30, 2025. The term of the Contract may renew annually, upon mutual agreement for four (4) additional one-year term(s) under the terms and conditions provided herein, unless written notice of a party’s intent not to renew is received by the other party on or before thirty (30) days before the expiration of the then current term.

3.3. Mandatory Terms and Conditions

Because the City of Rosenberg is a governmental entity that must follow State and Federal Laws and has an obligation to protect its taxpayers, the City requires that certain terms be included in the contract that results from this solicitation. Your response to this solicitation is an offer to contract with the City based on the terms, conditions and specifications contained in this solicitation. If any of the mandatory contract terms are unacceptable to your firm, please do not respond to this solicitation.

CONFLICTING PROVISIONS

The contract consists only of the city-prepared contract and any additional city or vendor contract documents incorporated by reference as a part of the contract. If a conflict or inconsistency exists between the city-prepared contract and a document incorporated by reference, the city-prepared contract controls. If a conflict or inconsistency exists between any additional contract documents incorporated by reference, the city’s additional contract document takes precedence over the contractor’s additional contract document.

PAYMENT PROVISIONS

The City’s payments are under the Contract, including the time of payment and payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

MULTIYEAR CONTRACTS

If the City Council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution)

LIABILITY AND INDEMNITY

Any provision of the Contract is void and unenforceable if it:

1. Limits or releases either party from liability that would exist by law in the absence of the provision;

2. Creates liability for either party that would not exist by law in the absence of the provision; or

3. Waives or limits either party’s rights defenses, remedies or immunities that would exist by law in the absence of the provision (Section 5, Article XI, Texas Constitution)

INSURANCE REQUIREMENTS

Successful bidder (as Contractor) must maintain the insurance types and coverages and comply with the insurance requirements shown in the Owner’s Minimum Insurance Policy Limits outlined as part of the

Invitation to Bid.

Within ten (10) days of the initial request; prior to City Council’s award of the contract, the successful bidder must furnish original certificates of insurance and corresponding endorsements that meet these insurance requirements.

CONFIDENTIALITY

Any provision in the Contract that attempts to prevent the City’s disclosure of information subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

TAX EXEMPTION

The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. The city’s Tax Exemption Certificate will be furnished by the city on request of the contractor.

CONTRACTUAL LIMITATIONS PERIOD

Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void. (Sections 16.061 and 16.070, Texas Civil Practice and

Remedies Code)

GOVERNING LAW AND VENUE

Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Fort Bend County, Texas.

TERMINATION FOR CONVENIENCE

The City may terminate the Contract and/or any other Agreement(s) for convenience and without cause or further liability, upon no less than thirty (30) calendar day’s written notice to the Successful Bidder.

The City reserves the right to extend this period if it is in the best interest of the City. In the event the

City exercises its right to terminate without cause, it is understood and agreed that only the amounts due to the Successful Bidder for goods, commodities and/or services provided, and expenses incurred to and including the date of termination, will be due and payable. No penalty will be assessed for the City's termination for convenience.

TERMINATION FOR CAUSE

The City of Rosenberg reserves the right to terminate the contract immediately in the event the successful bidder:

1. Fails to meet delivery schedules;

2. Defaults in the payment of any fees;

3. Otherwise fails to perform in accordance with this contract;

4. Becomes insolvent and/or files for protection under bankruptcy laws.

Such termination is in addition to and not in lieu of any other remedies that City of Rosenberg may have in law or equity. Bidder, in submitting this bid, agrees that City of Rosenberg shall not be liable to prosecution for damages in the event that the City declares the bidder in default.

FORCE MAJEURE

If the party obligated to perform is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such party relief from the performance. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force majeure, the party obligated to perform shall file a written request with the other party.

EX-PARTE COMMUNICATION

Please note that to ensure the proper and fair evaluation of a response to a solicitation, the City prohibits ex-parte communication (e.g. unsolicited) initiated by the Respondent to any Department

Head, City Employee or Committee Member evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible by the means established in the solicitation until the day and time specified as the deadline for questions. Any communication between Respondent and the City after the deadline for questions will be initiated by the appropriate City Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex-parte communication may be grounds for disqualifying the offending Respondent from consideration or award of the solicitation then in evaluation. If a Respondent violates these provisions more than once in a three (3) year period, the Chief

Procurement Officer may debar the Respondent from the sale of goods or services to the City for a period not to exceed three (3) years.

3.4. Other Terms and Conditions

REMEDIES

The successful bidder and City of Rosenberg agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

CONFLICT OF INTEREST

No public official shall have interest in this contract except in accordance with Vernon’s Texas Codes

Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

ETHICS

The respondent shall not offer or accept gifts or anything of value or enter into any business arrangement with any employee, official or agent of City of Rosenberg. More than one proposal on any one contract from a Respondent or individual under different names shall be grounds for rejection of all proposals in which the Respondent or individual has an interest. One or all proposals will be rejected if there is any reason to believe that collusion exists between Respondents.

PURCHASE ORDER

City of Rosenberg shall generate a purchase order to the successful bidder. The Purchase order number must appear on all invoices, packing lists and all related correspondence. City of Rosenberg will not be responsible for any orders placed and / or delivered without a valid Purchase Order number.

DELIVERY

Any delivery and freight charges (FOB Rosenberg designated location) are to be included in the bid price.

PACKING SLIPS

Packing Slips or other suitable shipping documents shall accompany each shipment and shall show:

1. Vendor Company Name and Address

2. Name and address of City of Rosenberg department the shipment is being made to

3. City of Rosenberg purchase order number

4. Descriptive information as to the items delivered, including quantity and part numbers

INVOICES

Invoices of the awarded Contractor shall be itemized and contain detailed description, quantity, and a unit price calculated in accordance with the terms stated on the awarded Contractor’s Pricing Sheet.

Each invoice shall be accompanied with a published OPIS pricing sheet that supports the unit price stated on the invoice.

The City’s purchase order number must appear on the invoice unless a procurement card is used as payment. The City will not allow any credit card fees to be added when using a procurement card.

Invoices submitted for payment shall be addressed to:

City of Rosenberg - Accounts Payable

P.O. Box 32

Rosenberg, TX 77471

Email: accountspayable@rosenbergtx.gov

QUALITY CONTROL

Goods supplied under this contract shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the supplier’s expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made.

WARRANTY

Successful bidder shall warrant that all items or services shall conform to the proposed specifications and all warranties state in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

PATENTS / COPYRIGHTS

The successful bidder agrees to protect City of Rosenberg from claims involving infringements of patents and/or copyrights.

NOTICE

Any notice provided by this bid or required by law to be given to the successful bidder by City of

Rosenberg shall be deemed to have been given and received on the next business day after such written notice has been deposited in the US Mail in Rosenberg, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful bidder at the address so provided;

provided this shall not prevent the giving of actual notice in any other manner.

ASSIGNMENT

The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of City of Rosenberg.

SILENCE OF SPECIFICATIONS

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

COOPERATIVE PROCUREMENT PROGRAM

During the term of the Contract resulting from this ITB, the City would like to afford the same prices, terms and conditions to other political subdivisions or public entities. Another entity's participation in the Contract resulting from this ITB is subject to a properly authorized Purchasing Cooperative Inter-local Agreement with the City. Any liability created by purchase orders issued against the Contract shall be the sole responsibility of the governmental agency placing the order.

4. Specifications

4.1. Scope of Services

The City currently has two (2) fueling locations with a total of four (4) tanks that are fueled on a consistent basis and fourteen (14) generators that are fueled approximately 1-2 times per year with the exception of emergency situations.

The City reserves the right to add or delete locations as the City's inventory of tanks and generators change.

Information for each tank and generator is as follows:

Tank Information

Tank Location Fuel Type Tank Type Tank Size Estimated Annual

Purchase

220 Mulcahy St.

Rosenberg, TX 77471

Unleaded Gasoline In Ground 6,000 Gallon 54,000 Gallons

220 Mulcahy St.

Rosenberg, TX 77471

Grade 2 Diesel In Ground 4,000 Gallon 36,000 Gallons

5320 Reading Rd.

Rosenberg, TX 77471

Unleaded Gasoline Above Ground 2,000 Gallon 6,000 Gallons

5320 Reading Rd.

Grade 2 Diesel Above Ground 2,000 Gallon 12,000 Gallons

Generator Information

Generator Location Fuel Type Tank Size Estimated Annual

Purchase

2700 Ave. A

Dyed Diesel 500 Gallon 1,000 Gallons

1415 Alamo St.

Dyed Diesel 200 Gallon 400 Gallons

1024 Grunwald Heights

Rosenberg, TX 77471

Dyed Diesel 500 Gallon 1,000 Gallons

3720 Airport Ave.

Rosenberg, TX 77471

Dyed Diesel 300 Gallon 600 Gallons

401 Cottonwood Church

Rosenberg, TX 77471

Dyed Diesel 1,000 Gallon 2,000 Gallons

7075 Reading Rd.

Rosenberg, TX 77471

Dyed Diesel 500 Gallon 1,000 Gallons

7824 Meyer Rd.

Rosenberg, TX 77471

Dyed Diesel 1,000 Gallon 2,000 Gallons

2809 BF Terry

Rosenberg, TX 77471

Dyed Diesel 500 Gallon 1,000 Gallons

4148 Klosterhoff Rd.

Rosenberg, TX 77471

Dyed Diesel 1,000 Gallon 2,000 Gallons

3650 N. Fairgrounds Rd.

Rosenberg, TX 77471

Dyed Diesel 1,200 Gallon 2,400 Gallons

2110 Fourth St.

Rosenberg, TX 77471

Dyed Diesel 200 Gallon 400 Gallons

2120 Fourth St.

Dyed Diesel 200 Gallon 400 Gallons

4.2. General Specifications

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 fuels 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. Prices quoted shall include all costs associated for delivering and dispensing motor fuels to on-premise sites. The price per gallon to be charged to the City shall be determined in the following manner:

1. Price per gallon – The 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. (Vendor shall supply with each invoice a copy of the corresponding OPIS pricing sheet for each delivery).

2. Mark-up – The awarded Contractor mark-up (price per gallon) for selling and delivering fuel.

3. Applicable taxes and federal and state fees. The City is exempt from federal and local motor fuel taxes.

4. Service fee – Any additional fees associate with delivering fuel.

C. 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.

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

E. Extreme care shall be taken by the awarded Contractor to avoid fuel spills. The delivery vehicle shall be attended at all times during fuel off-loading. Any costs incurred as a result of fuel spills due to negligence on the part of the awarded Contractor, its agents or employees, or due to equipment malfunction shall be borne by the awarded Contractor.

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

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

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

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

4. 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.

G. The awarded Contractor shall be required to execute a services agreement like the sample contract attached and shall be required to provide the insurance as outlined therein. By submitting a bid, the awarded Contractor is acknowledging the insurance requirements found in the attached services agreement, and the bidder is asserting that, if awarded, he can comply with all insurance requirements as specified therein within 30 days of award of the agreement.

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

4.3. Natural Disaster or Emergency Situation

In the event of a Natural Disaster or Emergency Situation, awarded bidder will escalate the City to a

Priority One level for fuel deliveries and will make deliveries as needed, required, and requested, 24/7, to the best of their capabilities and available resources, equipment and manpower.

5. Vendor Questionnaire

5.1. Certification

5.1.1. Bid Certification *

Bidder certifies that neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the anti-trust laws of this State, codified in Section 15.01, et. Seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such fine of business.

Bidder has examined the specifications and has fully informed themselves as to all the terms and conditions. Any discrepancies or omissions from the specifications or other documents have been clarified with City representatives and noted on the bid submitted.

Bidder guarantees product offered shall meet or exceed specifications identified in this ITB.

☐ Please confirm

*Response required

5.1.2. Cooperative Procurement Participation*

Please select Yes or No. By selecting Yes the Bidder is agreeing to offer the quoted prices to all authorized entities during the term of the City's contract. By selecting No the Bidder is stating they will not offer the quoted prices to all authorized entities. A non-affirmative Bid will in no way have a negative impact on the City's evaluation of the Bid.

☐ Yes

☐ No

*Response required

5.2. Required Verifications

5.2.1. Anti-Boycott & Anti-Terrorism Verifications*

In the event the ensuing contract has a value of $100,000 or more and the company has 10 or more full-time employees:

Nondiscrimination against firearm and ammunition industries. Company verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

Anti-Boycott of Energy Companies. Company verifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract, as those terms are defined by Chapter

2274, Government Code, as enacted by S.B. 13, 87th Legislature, Regular Session.

Anti-Boycott of Israel. Company verifies that it does not boycott Israel and will not boycott Israel during the term of this contract, as those terms are defined by Chapter 2271, Texas Government Code, as enacted by H.B. 4170, 86th Legislature, Regular Session.

Foreign Terrorist Organizations. Company verifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as those terms are defined by Chapter 2252, Texas Government Code, as enacted by S.B.252, 85th Legislature, Regular Session.

☐ Yes

☐ No

*Response required

5.2.2. COVID-19 Anti-Passport Verification*

In the event the ensuing contract is to be paid in whole or in part with State Funds:

Company Certification Regarding COVID-19 Vaccination. Company certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Company’s business during the term of this contract, and will not require such documentation during the term of this contract, as those terms are defined by Section 161.0085, Texas Health and Safety Code, as enacted by

S.B. 968, 87th Legislature, Regular Session.

☐ Yes

☐ No

*Response required

5.3. Conflict of Interest

5.3.1. Conflict of Interest Questionnaire *

Sec. 176.006. DISCLOSURE REQUIREMENTS FOR VENDORS AND OTHER PERSONS; QUESTIONNAIRE. (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

Does the vendor have a business relationship with a local government officer of the City of Rosenberg that requires disclosure pursuant to Texas Local Government Code Section 176.006 as defined above?

☐ Yes

☐ No

*Response required

When equals "Yes"

5.3.2. CIQ Form*

If vendor answered YES above. Please download the attached CIQ Form, complete and upload.

• CIQ_Conflict_of_Interest_Qu...

*Response required

5.4. Bid Questions

5.4.1. Name, Phone Number, and Email Address of Contact to Schedule On-Site Fuel

Services* *Response required

5.4.2. List any additional fees associated with delivering fuel that are not addressed in the Pricing Sheet*

*Response required

5.4.3. Length of time necessary to deliver fuel once notified by the City that a delivery is needed.*

*Response required

5.4.4. Principle location from which fuel will be delivered from* *Response required

5.4.5. Procedures for placing an order*

*Response required

5.4.6. Procedure and timing for invoicing a shipment*

*Response required

5.4.7. 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 June 30, 2023*

*Response required

5.4.8. Describe method used for making adjustment for fuel temperatures * *Response required

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

*Response required

5.4.10. References*

References must be customers/clients of similar size/scope that you have contracted with within the last five (5) years in the greater Houston area.

Please submit a MINIMUM of five (5) references. Reference must include the following:

● Company Name https://government-project.s3.us-west-2.amazonaws.com/23967/326c196c-a875-44f6-8260-e76686b1c3f8_CIQ_Conflict_of_Interest_Questionnaire.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4A6SBEGE4%2F20240318%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240318T123000Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEMz%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJIMEYCIQDYS9WEfsbWxYfaeRUe4PBPsensoFW30KvbO2LmhApDmwIhAIxudKMAeTr0Z6vMZx7XELfgMyxAt3UcdH%2BPFSsfkrVbKpYFCNX%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgxXlFPvhbo1Q%2BhxLXIq6gQbt5EzvILDiRHDuQAIvnoupOv6iyrRh2ZE5OIXJIuhQxhpKsTIYPCYK5kBPH2%2BpIjbu6T3shm3J2b%2BQAaekkxoOJ1jRLZb2k1YhietWdzMdT5RXX5%2B3VX0JIliSgbVvOof6tim%2BohQ83DTV2iEAZYWA4lT2PwnokRCI0xp0B2l7KJmaxj6i%2F%2BsptpW7sXS%2FMsWhcUTDyqCI0JN2MXojRZ8Iq%2BjaW1DSKZoPYgd%2FyUJC4ME%2Bo3%2BMEy8bY0%2B%2FchnpEJm%2Fn57lRAKFWH4qW2u%2BkHR1wjd%2BEsUnbjtIvVuz0RTYKLOKyI1q56usVUUTE76OLn9NwofreuA1NwMFaO1r3HK2FVwU%2BtuG1EILl7dIRtMcFZ9zHLdgau93ARraPLzLBqHeM2BTcmv3NY0%2FKD0H9zoVX7CTW9suhQg4W%2FrB%2Bfv4vtz1kcO4gr0VMtipCI0UVx353SDqhcGUa%2Be1EdBjykbLCw9Z3g78zojXbZkvFWMLvfMTqxqrzYb%2FBcKS3sV%2FEy%2BzzExcBeSold%2FEc0XbcU6AyJRwW%2B5sdZZbQoNw3uI25IJJZtuFhZ%2Bdkv9E8twCJf%2Fd2qiTOg%2BbXM0qSnu4pGKWsCVU7F5QBphdLq5lI3kuPn9ERwxMtw3hXhgQj4T0v7mZz90icdF5Q1iIyWtH97%2BtPOUp2Z3J0Z1c9cI6pscJ6LHSFiE75QyCI3wulLai2vbV3CPM1AxVH2NQ%2BuKvv6ikBHtoC5BpBI0%2FB6z8Ti8%2F2M%2FCxCmR9IiJqo7J3iwULvB%2BeqX5wTFal3ykz%2FxWnBAW7ds3%2F9jl0ph%2FR27z3rBnFujDWXYcoIOw0YwyNfgrwY6mgELMOmPzmwj%2B%2FFOXBEKcPuZuWHNGQX%2BZEIaz0M5AnzJbhq%2B1P5mmhyJ4NtMAKr9DuSE5pc7ly0crfIC8%2F75x8nroIU802ph3j3FbOxUNL4yX8oNqYbARa%2F%2F8ZMwO0dy4IlYpu1bgEpBjKcVlA6gbOgLk6mmqzI6EKRdelpBVD%2BGUiCbPEBka2bx%2FKfljxzCczIsOCmNzfWiwpsF&X-Amz-Signature=7c29902def4a95fb7a9449ed12e3030d4281ddbdefc1b435d48dac4bb4e73ae2&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CIQ_Conflict_of_Interest_Questionnaire.pdf%22&x-id=GetObject

● Company Address

● Contact Person

● Phone Number

● Email Address

● Number of years serviced

Do not include the City of Rosenberg or any City employees as references.

*Response required

6. Pricing Proposal

PRICING SHEET - MARK UP

All transport, loading, and other fees shall be included in the mark-up price set forth below. Please state mark-up based on OPIS prices.

Line Item Fuel Description Mark-Up per

Gallon over OPIS Unit

1 Regular Unleaded Gasoline, as Specified Gallon

2 Grade 2-0 Diesel, as Specified Gallon

3 Texas Dyed Diesel Gallon

PRICING SHEET - TAX

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

Line Item Fuel Description Current Taxes If

Applicable Unit

1 Regular Unleaded Gasoline, as Specified Gallon

2 Grade 2-0 Diesel, as Specified Gallon

3 Texas Dyed Diesel Gallon