RFP 2604 Fuel Delivery Services w Attachements_1.pdf

City of Dickinson, Texas Request for Proposal (RFP)

RFP #2604

Fuel Delivery Services

The City of Dickinson, Texas (the “City”), is soliciting proposals from qualified firms to provide fuel delivery services on an as-needed basis for Regular Unleaded Gasoline, 85-87 Octane, E10, and Ultra Low Sulfur Diesel (TX LED), including the rental, installation, and maintenance of two (2) 2,000-gallon above ground tanks. The City intends to enter into a Service Agreement (also referred to herein as “Contract” or “Agreement”) for these services. Proposals must be received by 2 P.M. CST, Thursday, July 23, 2026. The clock located at the reception desk in City Hall will be the official time. Proposals received after this deadline will not be opened and will be considered void and unacceptable.

The deadline for Requests for Clarification concerning this RFP is July 09, 2026, at 5:30p.m. The City’s responses to Requests for Clarification’s deadline is July 16, 2026, at 5:30p.m.

The RFP packet may be obtained from the City's website at:

https://www.dickinsontexas.gov/bids.aspx

Contact: Sarah Clem at SClem@dickinsontexas.gov for all RFP inquiries and questions.

First Publication: June 25, 2026

Second Publication: July 2, 2026

RFP Contents

I. Introduction II. Instructions to Proposers III. Criteria for Evaluation in order of Importance IV. Scope of Work V. Procedure and Conditions

Attachments

• Attachment A – Minimum Insurance Requirements

• Attachment B- Proposal Pricing Form

• Attachment C- Contract Sample

Request for Proposal #2604 Fuel Delivery Services

I. Introduction

The City of Dickinson is soliciting proposals from qualified firms to provide fuel delivery services on an as-needed basis for Regular Unleaded Gasoline, 85-87 Octane, E10, and Ultra Low Sulfur Diesel (TX LED), including the rental of two (2) 2,000-gallon fuel storage tanks. It is the City’s intention to make a single award to satisfy all services listed in the Scope of Work, but the City does reserve the right to make multiple award(s) to satisfy all services outlined in this RFP. The City intends to enter into a Service Agreement (also referred to herein as “Contract” or “Agreement”) for these services. The term of this agreement is for one year with the option to extend up to four additional one-year periods after it is signed by the City Manager or designee and the issuance of a Notice to Proceed. The decision to exercise the options to extend the term of this Agreement is within the sole discretion of the City.

A. Clarification and Interpretation of RFP

1. The words "must" or "will" or "shall" in this RFP indicate mandatory requirements.

Taking exception to any mandatory requirement will be grounds for rejection of the proposal.

2. The City desires to avoid any misunderstanding where it is assumed that a feature is included in the proposal and turns out to be an optional, extra cost feature. As such, any question answered with an indication of compliance will be considered included at no additional cost. Any service that is referred to in the body of this response (does not pertain to attachments and brochures) will be considered included in the basic offer.

B. Purpose The purpose of this RFP is to provide minimum requirements, solicit proposals, and gain adequate information from which the City may evaluate the proposer's products and services as they compare to the other providers and as they pertain to the needs of the organization.

C. Confidential or Proprietary Information Throughout the process of evaluating proposals and negotiating a contract, all information contained in proposals shall be kept confidential. Upon Council award of a contract or a rejection of all proposals, contracting information, as defined by Texas Government Code 552 and in this document, shall be open for public inspection. This includes successful and unsuccessful proposals. Exceptions may be made if releasing the information would harm City interests by providing an advantage to a competitor or bidder in a future competitive situation, or if information requested contains trade secrets, or proprietary information.

Any information that the Proposer believes may be considered proprietary, confidential or a trade secret should be clearly stamped with the term CONFIDENTIAL on that part of the proposal. All proposals and parts of proposals which are not marked as confidential will be automatically considered public information after the contract is awarded. If the Proposer wishes to claim that information is proprietary, they must demonstrate based on specific factual evidence that disclosing the information would reveal an individual approach to work, organizational structure, staffing, internal operations, processes, or discounts, pricing methodology, cost data or other pricing information that will be used in future solicitation or bid documents; or give advantage to a competitor.

In the event that information contained in those sections marked confidential are included in a Public Information Request, the City will decline to release the information for the purpose of requesting an Attorney General decision. The City will make a good faith effort to contact the Proposer, so they may submit in writing to the attorney general the reasons why the information should be withheld or released. If the Proposer cannot be contacted, the information may be released without further review. The process to be followed upon receipt of the request for information that potentially contains trade secrets, or proprietary or confidential information will be as follows:

1. City will make a good faith effort to notify the Proposer in writing that the information has been requested within a reasonable time, but no more than ten (10) business days after receiving the request. This will include a copy of the written request for information, and a statement that the Proposer is entitled to submit to the attorney general with ten (10) business days the reason(s) with the information should be withheld and a letter, memorandum, or brief in support of that reason.

2. The Proposer who submits a letter, memorandum, or brief to the attorney general shall send a copy to the person who requested the information from the governmental body. If the letter, memorandum or brief contacts the substance of the information requested, the copy sent may be a redacted copy.

3. The attorney general will render a decision when requested, consistent with the standards of due process, determining whether the requested information requested contains trade secrets, or confidential or propriety information as defined in Texas Government code 552. The decision shall be rendered no later than the 45th business day after the date the attorney general received the request for a decision.

“Contracting Information” - information in a voucher or contract relating to the receipt of expenditure of public funds; solicitations or bid documents; communications sent between the City and the Proposer during solicitation, evaluation, or negotiation of a contract; documents, including bid tabulations, showing the criteria by which a government body evaluates each Proposer; and communications and other information sent between City and a Proposer related to the performance of a final contract with City or work performed on behalf of City.

“Trade Secrets” - all forms and types if information including business, scientific, technical, economic, or engineering information and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique process, procedure, financial date, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or however stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if the owner of the trade secret has taken reasonable measures under the circumstances to the information secret and the information derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure of the information.

D. Background Information Dickinson is a home-rule, incorporated city with an estimated population of 22,000 for all city related business in calendar year 2025. The city encompasses approximately 10 square miles and lies in northern Galveston County halfway between Houston and Galveston. The City is governed by a Council/Manager form of government, with the City Council comprised of the Mayor and six Council Members. The City Manager is responsible for all functions of city government. The City is a CDBG entitlement community that receives federal funding from the Department of Housing and Urban Development.

II. Instructions to Proposers

A. General

This section outlines specific instructions for proposal submissions. Proposals not adhering to these instructions may be disqualified without further consideration. The City shall have the right to cancel any or all item(s) without obligation if delivery is not made on or before the time specified.

1. There will be no disclosure of contents to competing firms, and all proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the firm identifies as proprietary, all proposals will be open for public inspection after the contract award. All proposals become the property of the City of Dickinson.

2. The City of Dickinson requires comprehensive responses to every section within this RFP.

Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the proposal format described. The intent of the proposal format requirements is to expedite the review and evaluation. It is not the intent to constrain Proposals regarding content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 25 pages, excluding cover page, resumes, sample documents and attached forms. All proposal documents must be on standard 8-1/2” x 11” vertically oriented pages. Plans or drawings may be submitted landscape on 8-1/2” x 11” pages.

Proposals shall have 1" margins and be single-sided, single spaced, using Times New Roman 12-point font. All pages of the proposal must be numbered, and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal.

Preferred binding is paper clip, binder clip or three-ring binder. The package must be in the order of the requested submission packet requirements. The submittal must be written in pen or typed, signatures must be in pen (preferably blue), and anything written in pencil will not be accepted.

Mistakes can be crossed out and corrections inserted and initialed in ink by the individual signing the Proposal.

B. Proposal Submission

The City will receive proposals via hard copy only.

1. Delivery or Mail - Hard Copies Hard copy proposals can be submitted with one (1) copy marked "original" and two (2) copies marked "copy", properly labeled and clearly marked with the RFP number and description. Hard copies should be delivered to:

City of Dickinson Attn: Finance Department

4403 State Highway 3 Dickinson, TX 77539

Hours of Operation: Monday- Thursday 7:30 am to 5:30 pm, Friday: 7:30 am to 12:00 pm

Proposals sent via courier must be sealed in a separate envelope inside of the mailer.

Mark envelope/package: RFP#2604 Fuel Delivery Services

Proposer’s Submission Package Proposer’s submission package shall consist of:

1. Completed Proposal Cover Sheet

2. Tab A – References and Experience -Company Description and History -Prior Comparable experience -Texas Clients-Past 5 years

-Provide at least five (5) references including: Agency name, Contact name, Phone number, Email and Contract Dates.

3. Tab B – Project Methodology -Service Delivery Without Disruption. Describe Work approach and Coordination -Customer Service Approach (Response times, complaint handling procedure) -Maintenance Plan (Ongoing monitoring and compliance strategy) -Staffing Plan (Project team structure and qualifications)

4. Tab C – Technical Capabilities -Hardware/Software (describe systems used and compatibility) -Data Processing Capabilities (Analytics and reporting functionality) -Scalability and Performance History (ability to handle large datasets and long-term service)

5. Tab D – Pricing and Fees (Utilize Cost Sheet in Attachment A)

-Rates and Fees (All rates must be listed on the Proposal Cost Sheet. Fees shall remain firm for the original term)

-Application of Fees -Alternate Compensation Methods (describe any alternative models) -Special Services (lit additional services and associated fees)

6. Tab E – Forms (Attachment A) o Public Information Act o Conflict of Interest Questionnaire (Form CIQ), if applicable o HB 89 Verification Form o Optional: Brochures and/or Pictures

C. Proposal Timeline

The Proposer selection process will follow the timeline shown below. Estimated key milestone dates for the completion of the project are also included:

Timely proposals opened: 2:10 P.M. Thursday, July 23, 2026 Anticipated contract award: Tuesday, August 25, 2026

III. Criteria for Evaluation in order of Importance:

1. Proposed Fees 50%

2. Experience and references 15%

3. Demonstrate the ability to provide products/scope of services 20%

4. Transition and Onboarding Plan 15%

Negotiations may be conducted with responsible proposers who submit proposals determined to be acceptable of being selected for award. All proposers will be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. Revisions to proposals may be permitted after submission and before award for the purpose of obtaining best and final offers.

IV. Scope of Work

A. Introduction The City requires the rental of two (2) 2,000-gallon above-ground tanks located at 3120 Deats Rd, Dickinson, TX 77539. One tank shall be designated for gasoline and one tank for diesel. The successful Contractor shall be solely responsible for providing, maintaining, repairing, and ensuring the structural and operational integrity of the tanks for the duration of the contract. Based on history and adjusting for potential growth, the City anticipates needing approximately 68,000 gallons of unleaded gasoline and 23,000 gallons of diesel on an annual basis.

B. General Requirements

1. Fuel Specifications

i. Fuel Quality and Regulatory Compliance Requirements-All fuel products provided under this contract shall comply with applicable federal, state, and industry standards, including but not limited to the following:

1. Gasoline Requirements

a. Must meet or exceed the latest version of ASTM D4814-Standard

Specification for Automotive Spark-Ignition Engine Fuel.

b. U.S. Environmental Protection Agency (EPA) regulations under 40

CFR Par 80

c. Renewable Fuel Standard (RFS) requirements for ethanol blending.

i. Ethanol content shall be nominally 10% (E10) unless otherwise approved and have a minimum posted octane rating of 87 (AKI).

2. Diesel Fuel Requirements

a. Must meet or exceed ASTM D975- Standard Specification for

Diesel Fuel Oils.

b. Comply with EPA Ultra-Low Sulfur Diesel (ULSD) requirements

(≤15 ppm sulfur)

c. Comply with Applicable EPA 40 CFR Part 80 diesel regulations.

d. Must meet Texas Low Emission Diesel (TX LED) requirements per TCEQ rules (as already required).

e. Fuel shall meet all applicable EPA minimum additive requirements.

2. General Fuel Quality Requirements

i. Fuel shall be free from water, sediment, or contamination and be suitable for use in modern municipal fleet equipment. The Contractor shall ensure transport tanks are clean and dedicated or properly compartmentalized, prevent commingling of incompatible fuel types, and maintain records of product origin and transport chain.

ii. Fuel shall not contain any recycled oil products or unauthorized additives. The Contractor shall ensure product stability and compatibility with storage tanks and dispensing equipment.

3. The Contractor shall provide the City of Dickinson with fuel delivery services of Regular Unleaded Gasoline (85-87 Octane) Ethanol (10%) and Ultra Low Sulfur (TX LED) Distillate Diesel for one year with the option to extend for up to four additional one-year periods. The products must be delivered on an as needed basis to the City’s designated location(s).

4. The quantities listed in the Scope of Work are estimated annual requirements and are not to be construed as a guaranteed quantity of volume to be purchased under the terms of the contract. Actual quantities purchased under this agreement vary depending upon the actual needs of the City and is not limited to the number of shipments or quantity on each shipment.

5. The Contractor shall provide all labor, transportation, and supervision during the life of the contract and or purchase order. The Contractor must be adequately equipped, supplied, and staffed to promptly and efficiently meet the City’s requirements.

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

7. The Contractor shall take all due precautions to prevent spillage of these products during delivery. Proper equipment maintenance, constant inspection, and where necessary, the use of collection pans during fuel transfer may be employed to avoid leaks or spills. In the event of a spill, the Contractor shall be responsible for immediate containment mitigation of the effects of the spill and cleanup of the spilled products at no cost to the City. Failure to take immediate action following a spill may be grounds for termination of the contract. The City reserves the right to contract with a third party to accomplish any necessary spill control actions and will hold the Contractor responsible for all costs incurred. A copy of the Contractor’s spill containment policy must be provided upon request.

8. During times of emergency or other distress, the City may have an additional need for Gasoline and Diesel fuel as well as portable tanks with manual pumps in order to provide the most effective response and ensure economic recovery of the Dickinson community. In the event that it’s required by the City, the Contractor will be required to top off each of the City’s fuel storage tanks and generators within 24-48 hours of notice before the emergency (when applicable) and within 6-8 hours after the emergency. The City’s generators are located at Dickinson Police Station, 4000 Liggio Street, Dickinson, Texas, the Central Fire Station, 4500 FM 517 East, Dickinson, TX, and at the Public Works Facility at 3120 Deats Rd, Dickinson, TX. Additionally, the Contractor will be required to stage a tanker truck of Gasoline and a minimum of ten (10) 55-gallon drums of Diesel fuel with manual pumps at the Public Works Facility within 24 hours of notice provided by the City before the emergency (when applicable). The Contractor will also be required to provide a minimum of six (6) 55-gallon drums of Gasoline with manual pump at the Dickinson Police Station within 24 hours of notice provided by the City before the emergency for use in filling emergency response vehicles. The City will work with the Contractor to ensure that the City’s needs are communicated with as much notice as possible.

9. The Contractor shall maintain Supply continuity plan, including Primary and secondary supply sources and terminal access locations. The Contractor shall maintain emergency fuel allocation procedures during shortages or disasters.

10. If the Contractor is unable to meet the emergency requirements, the City may be forced to purchase the required fuel from an alternative source. As a result, the City reserves the right to charge the Contractor for all costs incurred over and above the bid price.

11. The Contractor must submit, with their proposal:

i. A typical Certificate of Analysis (COA) for each fuel type proposed demonstrating compliance with ASTM D4814 (gasoline) and ASTM D975 (Diesel).

ii. Documentation showing compliance with:

1. EPA fuel requirements

2. TX LED Requirements

iii. Product specifications including:

1. Octane rating (gasoline)

2. Cetane Index (diesel)

3. Sulfur content

4. Ethanol percentage (gasoline)

12. The Contractor must submit with their bid a Safety Data Sheet (SDS) for each product.

C. Delivery Requirements

1. Fuel Orders shall be delivered to the designated location(s) within 48 hours’ maximum of the order being placed. If a delivery is not made within the required timeframe, the City reserves the right to purchase product from another source and charge the Contractor any cost incurred, including additional cost over the bid price.

2. The preferred fuel delivery hours are 8:00 a.m. to 4:00 p.m. Monday-Thursday. However, if necessary, exceptions can be made occasionally with approval or during an emergency.

3. The Contractor will load the delivery truck at the fuel terminal and record the following minimum information on the delivery document:

i. Date

ii. Gross gallons loaded

iii. Temperature of product loaded

iv. Net gallons loaded

v. Name of Dickinson city staff person to receive fuel

4. Upon arrival at the City storage tank, driver and City’s representative will measure the number of inches of fuel in the City tank using a calibrated dip stick. and gasoline gauging paste. The tank shall be checked for the presence of any water. The results of both measurements shall be recorded on the delivery document and initialed by the driver and the City representative.

5. Each delivery shall include a delivery ticket, refinery or terminal documentation indicating gross/net gallons, and sufficient certification demonstrating compliance with applicable ASTM and EPA standards. The Contractor shall provide an updated SDS only if product formulation or supplier changes.

6. All deliveries must be metered and verified by City personnel.

7. If the Contractor delivers more fuel than the tank can hold (for whatever reason), the

Contractor shall return the excess, meter it off the truck, and credit the City for the undelivered quantity.

D. Market Price Formula Pricing shall apply only to fuel meeting all specified ASTM, EPA and TX LED requirements. Any off-spec product shall not be billable and will be subject to rejection and replacement at the Contractor’s expense.

The Contractor agrees to supply and deliver, as requested, the grades of gasoline at the bid price of the fixed differential – added to or subtracted from – the following formula: the average of prices posted for regular unleaded gasoline and Number 2 diesel fuel as listed in the Oil Price Information Service (OPIS) Pad 3 of Houston, Texas Rack Prices. The last report published prior to delivery will provide the formula for the price of the product delivered to the City. Supplier agrees to furnish the City a copy of said report with the invoice. The report shall be as published by OPIS.

Actual price for each delivery shall be determined by the formula, plus or minus the bid price as the fixed differential above or below this rate.

The bid price of the fixed differential above or below OPIS shall be a firm price for the duration of the contract term.

E. Special Instructions

1. The City reserves the right to test delivered fuel for compliance with Section B, Subsection 1-

Fuel Specifications at its discretion. If fuel fails to meet any specified requirements, the Contractor shall remove and replace the product within 24 hours at no cost and shall be responsible for testing costs and any resulting damages.

2. All delivered fuel must comply with Section B, Subsection 1- Fuel Specifications. For diesel fuel, compliance with Texas Low Emission Diesel (TX LED) requirements remains mandatory.

3. In the event of accidents of any kind related to this Contract, the Contractor must furnish the City with copies of all reports within 10 days of the accident.

F. References Include five (5) work references with the following information: name of client, address, phone numbers/emails, dates of contract period, description of services provided and contract amounts.

G. Questions Proposers are asked to examine the RFP upon request. All questions or clarifications shall only be directed in writing via email to Sarah Clem, Accountant for the City of Dickinson, before the designated deadline for written questions. Questions received after the date specified above may not receive response. Any contact or attempt to contact any other employee of the City regarding this RFP may result in the immediate disqualification of the Proposer. Oral and other interpretations or clarifications will be without legal effect. Only questions answered by formal written addenda will be binding.

H. Non-Performance Condition If the product or training is not in conformance with the specifications and requirements of the City, the Contractor shall redo and complete any work necessary, bringing the product or training into compliance at the Contractor’s expense.

V. Procedure and Conditions

A. General

This is a negotiated proposal, and as such, the award will not necessarily be made to the proposer submitting the lowest priced proposal. The contract will be awarded to the proposer who provides goods or services at the best value for the City. The City of Dickinson reserves the right to negotiate the best responsive proposals satisfying the City’s requirements, waive any informalities, waive the requirements set forth in Section 1550.052 or 1550.053 (2) of the Texas Insurance Code, and reject any and all proposals.

The City, acting through the City Manager or their designee, reserves the right to deviate from the terms, conditions, or requirements of this RFP when, in their sole discretion, such deviation is deemed to be in the best interest of the City. Proposers acknowledge and accept that the City's authority includes discretion to determine the applicability of any deviations on a case-by-case basis and that such decisions are final and non-appealable. By submitting a proposal, proposers agree to the terms of this reservation of rights and waive any claim against the City, its officials, or employees for the exercise of such discretion.

If there is an award made, there will be a written contract setting forth the mutual agreement of the parties. The terms, conditions, and/or requirements for the contract are to be evidenced in this RFP and incorporated into the City's standard agreement. A copy of the City's standard agreement, including its terms, is included in this RFP.

B . Procedure Multiple Contractors: The City reserves the right to make a single award or multiple awards, whichever is in the best interest of the City.

Documentation: Proposers shall provide with this response all documentation required by this Request for Proposal (RFP). Failure to provide this information may result in rejection of proposal.

Quantities: The quantities indicated are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the bid price.

Tax Exemption: The City is not liable to proposers 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 proposer.

Discussions: Formal or informal communication involving an oral or written exchange of information for the primary purpose of obtaining information essential for determining the acceptability of a proposal may occur. Any discussions of this nature are only intended to clarify the City's understanding of submissions.

Evaluation Process: It is the City's intent to enter into a contract with the proposer that offers the "best value" for the desired project. After receipt of the proposals, City of Dickinson will evaluate the proposals based upon the evaluation criteria set forth in the RFP. The City has, at its sole discretion, the ability to negotiate with the proposer, determined to be the highest ranked after completion of the evaluations.

The City may elect to conduct discussions with the proposers deemed to be in the competitive range for award. If discussions are held, proposers identified in the competitive range will be given equal opportunity to discuss and submit revisions to their proposals. Revisions of proposals are accomplished by formally requesting Best and Final Offers (BAFOs) at the conclusion of discussions with a deadline set for receipt of BAFOs and including instructions as to exactly what should be submitted in response to the BAFO.

After consideration of all BAFO responses, the City will select the top-ranked proposer, and the parties will enter into contract negotiations. In the event the City and the top ranked proposer's contract negotiations fail, and the parties are unable to come to mutually agreed terms, the City reserves the right to move on to the next top ranked proposer and enter into contract negotiations with said next top ranked proposer.

Cost to Submit: The City of Dickinson will not be liable for any costs incurred by any proposer in preparation of a submittal in response to this request, in conduct of a presentation, or any other activities related to the response of this RFP.

Insurance Requirements*: Proposer shall maintain, at his sole cost, at all times while performing work hereunder, the insurance and bond coverage set forth in the contract with companies satisfactory to the City with full policy limits applying, but not less than stated. A certificate evidencing the required insurance and specifically citing the indemnification provision set forth in the contract shall be delivered to the City within fifteen (15) days that Notice to Proceed has been accepted by Contractor.

*See Attachment A

Addenda: Any interpretations, corrections or changes to this RFP and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Dickinson Purchasing Office. Any changes to specifications will be made in writing and posted on the City's website.

Proposers shall acknowledge receipt of all addenda on the Bidder Certification/Addenda Acknowledgement form found within this document.

Late Proposals: Proposals received by the City after the submission deadline will be considered void and unacceptable. The City of Dickinson is not responsible for lateness or non-delivery of mail, carrier, etc. The date/time using the clock at the Reception desk at City Hall, 4403 State Highway 3, Dickinson, Texas, 77539, shall be the official time of receipt recorded by the Finance department.

Altering Proposals: Proposals cannot be altered or amended after submission deadline. Any alterations or erasures made before opening time and must be initialed by the signer of the proposer, guaranteeing authenticity.

Award: The City has the right to award a contract upon the conditions, terms and specifications contained in a proposal submitted to the City for a period of up to ninety (90) days following the date specified for the opening of proposals.

Because the City 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 you, please do not respond to this solicitation.

Payment Provisions: The City's payments under the contract, including the time of payment and the payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

Conflict of Interest: No public official shall have interest in this contract accept in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

Ethics: The proposer 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 Dickinson. More than one proposal on any one contract from a proposer or individual under different names shall be grounds for rejection of all proposals in which the proposer or individual has an interest. One or all proposals will be rejected if there is any reason to believe that collusion exists between proposers. Proposers must make every effort to comply Chapter 176 of the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Dickinson, including affiliations and business and financial relationships such persons may have with City of Dickinson officers. By doing business or seeking to do business with the City of Dickinson, including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you are in compliance with them.

Conflict of Interest Questionnaire found within this document must be completed and turned in with each proposal.

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

Delivery: Any delivery and freight charges (FOB City of Dickinson designated location) are to be included in the proposal price.

Invoices: Invoices must be itemized as to the type of motor fuel delivered, quantity, unit cost of each item, and delivery location. The invoices must be accompanied by one copy of the delivery ticket showing the same information as outlined above, except for the unit cost. The delivery ticket must also show the signature of the City of Dickinson representative receiving delivery. This copy of the delivery ticket shall be in addition to the delivery ticket left with the city representative receiving the delivery. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the proposer for correction. Invoices submitted for payment shall be e-mailed to:

City of Dickinson, Accounts Payable at, Finance@dickinsontexas.gov. Invoices can be mailed to Attn: Accounts Payable to the address: 4403 Hwy 3, Dickinson, TX 77539.

Periodic payments will be made within thirty (30) days of invoice date or satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in the contract have been fulfilled.

Contingencies: Before submitting their bid, Proposers should make a careful examination of the scope of work and of the difficulties involved in its proper execution. Proposers should include in their proposal all costs they deem proper and sufficient to cover all contingencies essential to the completion of the compensation and classification study, notwithstanding that every item or contingency is not specifically mentioned herein.

Certificate of interested parties: Applies to all contracts that must be approved by the City Council. In accordance with House Bill 1295, for certain contracts entered into on or after January 1, 2016, the successful proposer must submit a Certificate of Interested Parties (Form 1295) at the time the signed contract is submitted to the City. This applies to any contract of any amount that must be approved by the City Council. Form 1295 must be filed electronically with the Texas Ethics Commission using the online filing application located at:

https://prd.tecprd.ethicsefile.com/TECCertint/pages/login/certLogin.jsf

Renewals: Renewal options executed under this RFP may occur only if a renewal option is expressly referenced in this RFP and upon the execution of a new written agreement by both parties. A renewal is intended to serve as an extension of the original agreement, under the same or substantially similar terms. The inclusion of a renewal option in this RFP shall not be construed as a commitment or obligation by either party to enter into a renewal. As such, the City retains the right, in its sole discretion, to accept or reject any proposed renewal or associated renewal terms or associated renewal terms.

Attachment A

City of Dickinson-Minimum Insurance Requirements

City of Dickinson $50,000 & under Professional Services

REQUIREMENTS:

• General Liability with minimum limits of $1,000,000 per Occurrence, $1,000,000 General Aggregate, $1,000,000 Products/Completed Operations Aggregate.

• General Liability must include coverage for Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors, Broad Form Property Damage and Personal/Advertising Injury.

• Professional Liability/Errors and Omissions coverage with minimum limits of $500,000 per Occurrence and $500,000 Aggregate Annually.

• Auto Liability with minimum limits of $500,000 Combined Single Limit.

• Certificate must include a statement listing **The City of Dickinson, Texas** as additional insured on the General Liability and Auto Coverages. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for additional insured, checking those specific boxes is acceptable in meeting this requirement as well.

• Employers Liability with minimum limits of $100,000 Occupational Disease, $100,000 per Accident and $100,000 per Employee.

• Workers Compensation providing statutory coverage limits.

• Certificate must include a statement providing a Waiver of Subrogation on the Workers

Compensation, Employers Liability as well as the General Liability coverage. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for waiver of subrogation, checking those specific boxes is acceptable in meeting this requirement as well.

• Certificates must provide for at least 30 days’ notice of cancellation and bear an authorized signature.

• All deductibles and self-insured retentions must be noted on the certificate.

• Claims-Made policies are only acceptable for the **Professional Liability policy**.

• Declarations or copies of policies are not acceptable. A certificate of insurance must be provided.

• All coverages must be afforded by a carrier that is licensed to sell insurance in Texas and have an AM

Best rating of A- and a financial solvency rating of VII or better.

City of Dickinson $50,000+ Professional Services

REQUIREMENTS:

• General Liability with minimum limits of $1,000,000 per Occurrence, $2,000,000 General Aggregate, $1,000,000 Products/Completed Operations Aggregate.

• General Liability must include coverage for Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors, Broad Form Property Damage, and Personal/Advertising Injury.

• Professional Liability/Errors and Omissions coverage with minimum limits of $1,000,000 per Occurrence and $1,000,000 Aggregate annually.

• Auto Liability with minimum limits of $500,000 Combined Single Limit.

• Certificate must include a statement listing **The City of Dickinson, Texas** as additional insured on the General Liability and Auto coverages. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate.

• If using a form that has specific boxes labeled for additional insured, checking those specific boxes is acceptable in meeting this requirement as well.

• Employers Liability with minimum limits of $100,000 Occupational Disease, $100,000 per Accident and $100,000 per Employee.

• Workers Compensation providing statutory coverage limits.

• Certificate must include a statement providing a Waiver of Subrogation on the Workers

Compensation, Employers Liability as well as the General Liability coverage. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for waiver of subrogation, checking those specific boxes is acceptable in meeting this requirement as well.

• Certificates must provide for at least 30 days’ notice of cancellation and bear an authorized signature.

• All deductibles and self-insured retentions must be noted on the certificate.

• Claims-Made policies are only acceptable for the **Professional Liability policy**.

• Declarations or copies of policies are not acceptable; a certificate of insurance must be provided.

• All coverages must be afforded by a carrier that is licensed to sell insurance in Texas and have an AM

Best rating of A- and a financial solvency rate of VII or better.

Proposal Pricing Form Please provide your Year 1 OPIS average fixed differential for Items 1 and 2. Enter the differential as a dollar amount per gallon above or below the OPIS reference price.

Also provide your annual percentage increase for Option Years 2 through 5. Enter annual increases as a percentage applied to the fixed differential only.

Complete all applicable fields. If a fee or service does not apply, enter N/A.

Item

Estimated Quantity

(in gallons)

Description

Year 1 Fixed

Differential ($/gal)

Annual Differential Increase for Option

Years 2-5 (%)

68,000 Regular Unleaded Gasoline (85-

87 Octane) - OPIS Pad 3 Houston, TX Rack Prices

23,000

Ultra Low Sulfur Diesel, Grade #2 - OPIS Pad 3 Houston, TX

Rack Prices

Item

Quantity Description Price per tank Total*

3 2 2,000 Gallon Tanks (1 for Gasoline and 1 for Diesel)

Total Bid Amount $ *Total of Item #3 should reflect the full cost for 2 tanks over 5 years

Texas Ground Water Fees Gallons Fee

List any other applicable fees (for example, delivery fees, environmental fees, or surcharges):_________________________________________________________________________

Proposal Pricing Form

Emergency Operations Deliveries

1. To ensure economic recovery for the community, the City of Dickinson will need emergency deliveries before/after a disaster. Mark the appropriate box below if your company could provide this service to the City.

Yes No

2. If Emergency Operations fuel deliveries are needed, please provide the fixed differential ($/gal) that would apply to those deliveries.

Regular Unleaded Gasoline-87 Octane: ______________

Ultra Low Sulfur Diesel-Grade #2: __________________

3. To ensure economic recovery for the community, the City of Dickinson may have a need for additional portable fueling tanks with pumps. Mark the appropriate box below if your company could provide this service to the City.

Yes No

If yes, what size tank and pump would be provided? _________________________________

If yes, what is the charge per tank and pump? _______________________________________

Provide the Electrical requirements for the use of the portable tanks with pumps:

Company:

Authorized Representative (Print Name):

Title: Address:

Email: Phone:

Signature: Date:

STANDARD VENDOR AGREEMENT

This AGREEMENT (“Agreement”) is entered by and between ___________________ (“Vendor”), located at __________________________ and the City of Dickinson, Texas (the “City”), a home-rule municipality, located at 4403 State Highway, Dickinson, Texas 77539 on the date set forth below.

Terms:

1. Scope of Services: Vendor will provide the products (“Goods”) as set forth in Exhibit A, which is attached and incorporated herein, and which can be generally described as_______________________. If there is a conflict between the terms of this Agreement and Exhibit A, the terms of this Agreement will prevail.

2. Term and Termination: This Agreement shall commence on __________________ and shall expire on __________________. The “Contract Term” shall be the period between the Commencement Date and the earlier of the Expiration Date or the date upon which the Agreement is terminated as provided herein. The City reserves the right to terminate this Agreement for convenience upon seven (7) days written notice to Vendor. Upon such termination, the City shall pay Vendor, at the rate set out in Exhibit A, for products satisfactorily provided up through the date of termination. Notwithstanding any provision in this Agreement to the contrary, the City will not be required to pay or reimburse Vendor for any services performed or for expenses incurred by Vendor after the date of the termination notice that could have been avoided or mitigated by Vendor.

3. Compensation: Vendor shall be paid for the services/products as set forth in Exhibit A. In no event shall the total compensation exceed $____________________ during the term of this Agreement. The City shall tender payment (including progress/partial payments) for services/goods only after such services are completed or goods are delivered and are deemed to be acceptable under this Agreement, in the sole reasonable discretion of the City. Vendor must submit to the City invoices for all goods delivered and services provided, which invoices must include details and dates of service or delivery. Payment by the City shall be made within thirty

(30) days of receipt of an invoice, except for any portion of the invoiced amount that the City disapproves as not compliant under this Agreement, in the sole reasonable discretion of the City.

If the City disapproves any amount submitted for payment by Vendor, the City shall give Vendor specific reasons for disapproval in writing.

4. Insurance: Vendor is required during the Contract Term to maintain insurance as follows: (a)

Comprehensive General Commercial Liability insurance covering bodily injury and property damage, with minimum coverage limits—exclusive of defense costs—of $1,000,000 per occurrence and $2,000,000 aggregate; (b) If Vendor will provide the City “professional services,” as that term is used in Chapter 252 of the Texas Local Government Code, Professional Liability (errors and omissions/malpractice) insurance with minimum coverage limits—exclusive of defense costs—of $2,000,000 per occurrence; and (c) If at any point during the Contract Term it is foreseeable that Vendor will enter upon the City premises: (i) Worker’s Compensation coverage with statutory limits for the State of Texas, and (ii) Commercial Automobile Liability coverage with minimum coverage limits—exclusive of defense costs—of $1,000,000 per occurrence and $2,000,000 aggregate. All policies must contain a waiver of subrogation against the City.

Comprehensive General Liability and Commercial Automobile Liability policies must name the

City as Additional Insured. Vendor shall pay all insurance deductibles and deductibles must not exceed $10,000 unless approved in advance by the City. Vendor shall provide the City Certificates of Insurance evidencing these insurance requirements prior to the start of work.

5. Independent Contractor: Vendor is an independent contractor and is not an employee, partner, joint venture, or agent of the City. Vendor understands and agrees that he/she will not be entitled to any benefits generally available to the City employees, including without limitation withholding for or payment of any local, state, or federal taxes. Vendor shall be responsible for all expenses necessary to carry out the services under this Agreement and shall not be reimbursed by the City for such expenses except as otherwise provided in this Agreement.

6. Confidentiality: During the course of providing the Goods under this Agreement, Vendor may become privy to confidential information of the City. Vendor agrees to treat as confidential the information or knowledge that becomes known to Vendor during performance of this Agreement and to not use, copy, or disclose such information to any third party unless authorized in writing by the City. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. Vendor shall promptly notify the City of any misuse or unauthorized disclosure of the City’s confidential information and upon expiration of this Agreement shall return to the City all confidential information in Vendor’s possession or control.

Vendor shall further comply with all information security policies of the City that may apply and shall not make any press releases, public statements or advertisement referring to the services provided under this Agreement or the engagement of Vendor without the prior written approval of the City.

7. Warranties and Representations: Vendor warrants and agrees that Vendor shall provide the

Goods and conduct all operations in conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances. For any service performed on premises owned or controlled by the City, Vendor warrants and agrees that Vendor will perform said services in compliance with all the City rules, including but not limited to, prohibitions related to tobacco use, alcohol, and other drugs.

8. Licenses/Certifications: Vendor represents and warrants that it will obtain and maintain in effect, and pay the cost of, all licenses, permits or certifications that may be necessary for Vendor’s performance of this…