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Bid Invitation028 Bulk DEF Fuel Issue Date:12/28/2020 Questions Deadline:12/30/2020 12:00 PM (CT) Response Deadline:1/5/2021 11:00 AM (CT) Denton - Purchasing Contact Information Contact:Cori Power Address:Buyer 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7100 Email:cori.power@cityofdenton.com Page 1 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 Event Information Number:028 Title:Bulk DEF Fuel Type:Informal Request for Quote Issue Date:12/28/2020 Question Deadline:12/30/2020 12:00 PM (CT) Response Deadline:1/5/2021 11:00 AM (CT) Notes:The City of Denton (the City) is requesting quotes with an individual or business with considerable experience in providing goods or services of this solicitation. The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual or business shall have the ability to accomplish all aspects of the requested services. The selected individual or firm should be able to provide innovative methods to deal with municipal challenges, and cost effective solutions. Billing Information Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Bid Attachments Bulk DEF Scope of Work.pdf Download Scope of Work Conflict_of_Interest_Questionaire.docx Download Conflict of Interest Questionnaire Contracts - Services.docx View Online Sample Contract - Services Substitute_W-9_Form_10.18.18.pdf View Online Substitute W-9 Form Requested Attachments Conflict of Interest Questionnaire (Attachment required) The individual or business must disclose any business relationship that would have an effect, of a conflict of interest. Please attach a signed copy of the conflict of interest questionnaire. ISO Certification (Attachment required) The supplied bulk DEF product must meet the recent and applicable edition of ISO 22241 Page 2 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 Bid Attributes 1 SECTION 1 General Information 2 Contract Term It is the intention of the City of Denton to award a contract for three (3) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. 3 Pricing Unit Pricing shall include all fees and costs to provide the goods and services to the City. Unit pricing for goods shall include delivery costs, F.O.B. Destination Firm Price Pricing and discounts submitted are firm for the initial one-year period specified in the solicitation. Price decreases are allowed at any time. Price increases shall only be considered as stipulated below in “PRICE ADJUSTMENTS”. Price Decreases/Discount Increases Respondents are required to immediately implement any price decrease or discount increase that may become available. The City of Denton must be notified in writing for updating the contract. Page 3 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 4 Price Adjustments Prices quoted for the commodities or services described in the solicitation must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 5 Product Literature Provide documentation thats the supplied bulk DEF product must meet the recent and applicable edition of ISO 22241, an international standard that defines the quality requirements for DEF including production, storage and distribution. Page 4 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 6 Invoices A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. A sample invoice must be submitted with this solicitation Acknowledge (Required: Check if applicable) 7 Protests Any interested party who is aggrieved in connection with a solicitation or award of a contract may protest per the City of Denton policy located here on page 52 - "https://www.cityofdenton.com/CoD/media/City-of- Denton/Business/Solicitations%20and%20Contracting/Denton-Procurement-Policy_Final.pdf 8 SECTION 2 Business Overview Questionnaire 9 Firm's Legal Name (Required: Maximum 1000 characters allowed) 1 0 Address Line 1 (Required: Maximum 1000 characters allowed) 1 1 Address Line 2 (Optional: Maximum 1000 characters allowed) Page 5 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 1 2 City (Required: Maximum 1000 characters allowed) 1 3 State (Optional: Maximum 1000 characters allowed) 1 4 Zip Code (Required: Numbers only) 1 5 Agent Authorized to sign contract The agents name and email who is authorized to sign the contract (Required: Maximum 1000 characters allowed) 1 6 Subsidiary of: (Optional: Maximum 1000 characters allowed) 1 7 Organization Class Partnership Corporation Individual Association (Required: Check only one) 1 8 Tax Payer ID (Required: Maximum 1000 characters allowed) 1 9 Date Established __ __ / __ __ / __ __ __ __ (Required) 2 0 Historically Underutilized Business Yes, We are a registered HUB. (Optional: Check if applicable) Page 6 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 2 1 Please provide a detailed listing of all products and/or services that your company provides. (Required: Maximum 4000 characters allowed) 2 2 Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. (Notice: Failure to disclose this information during proposal submission, and later discovered, may result in contract termination at the Owner’s option.) (Optional: Maximum 4000 characters allowed) 2 3 Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. (Required: Maximum 4000 characters allowed) 2 4 Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). (Required: Maximum 4000 characters allowed) Page 7 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 2 5 Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 “General Industry Standards” and/or 29 CFR 1926 “General Construction Standards” as they apply to your Company’s customary activities? http://www.osha.gov/pls/oshaweb/owasrch.search_form? p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926 (Required: Maximum 4000 characters allowed) 2 6 Prohibition on Contracts with Companies Boycotting Israel Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts and provide documentation that make it exempt from the boycott certification in its Response. Exemption criteria includes the following: 1. Company is a sole proprietorship; 2. Company employs less than 10 full-time employees; 3. Value of the contract is less than $100,000 “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined to mean a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. Sole proprietorship Employs less than 10 Full time employees Value of the contract is less than $100,000 Does not Boycott Israel (Required: Check only one) 2 7 SECTION 3 Terms and Conditions Page 8 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 2 8 General Provisions 1. AWARD The City reserves the right to award a contract or contracts to various respondents by line item, section(s), or by entire proposal; whichever is most advantageous, or provides the “best value” to the City, unless denied by the respondent. ____________________________________________________________________________________________________ 2. CONTRACTS The successful awarded vendor(s) will be required to sign an original contract. A sample contract is attached. ____________________________________________________________________________________________________ 3. INSURANCE The City requires standard insurance for services performed on site. The successful awarded vendor will be required to provide a certificate of insurance as outlined in the contract. ____________________________________________________________________________________________________ 4. CHANGES DURING CONTRACT TERM The awarded contractor shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the products must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to purchasing@cityofdenton.com, with the solicitation number in the subject line, for review. Products/Services found to have changed specifications without notification, and acceptance, will be returned at the supplier’s expense. Products that have been installed will be replaced at the contractor’s expense. ____________________________________________________________________________________________________ 5. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD Following the Contract award, additional services or products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request may be sent to successful Contractor (s) to provide a proposal on the additional services and shall submit proposals to the City of Denton as instructed. All prices are subject to negotiation with a Best and Final Offer (“BAFO”). The City of Denton may accept or reject any or all pricing proposals, and may issue a separate solicitation for the services/products after rejecting some or all of the proposals. The commodities and services covered under this provision shall conform to the statement of work, specifications, and requirements as outlined in the request. Contract changes shall be made in accordance with Local Government Code 252.048 ____________________________________________________________________________________________________ 6. SAFETY AND ENVIRONMENTAL HAZARDS The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards (including premises and special defects) may exist at the City’s facilities. The Contractor shall be responsible for identifying any hazardous conditions and notifying the City of these conditions in writing no later than 30 days after contract award and prior to initiation of service delivery on the property. This will be accomplished by the Contractor conducting an environmental assessment and an occupational health, and safety inspection of the service bay or field service areas by competent, qualified and appropriately licensed practitioners. The costs of these inspections and any subsequent corrective action will be negotiated between the City and the Contractor. All contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the City of Denton responsible. Known hazards shall immediately be reported and all safety precautions shall be taken to prevent potential safety issues from occurring. 2 9 Bid Acceptance I have read and understand the Terms and Conditions, Specifications, and Insurance requirements, contained herein, and further agree to abide and accept said Terms, Conditions and Specifications. Yes Yes - with exceptions (Required: Check only one) Page 9 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 3 0 Bid Acceptance Exceptions If you answered yes - with exceptions to the above question please list the exceptions. (Optional: Maximum 4000 characters allowed) 3 1 Additional Agreement Any additional agreement that the supplier wishes to have considered as part of the resulting contract shall be attached and submitted with the response to this solicitation. Any agreement that is submitted after the closing date of the solicitation shall not be considered. Please note that agreements in direct conflict with the terms and conditions of this solicitation may result in rejection of your response to the solicitation. Acknowledged (Required: Check if applicable) 3 2 Acknowledgement The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all addendum(s). I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Acknowledge (Required: Check if applicable) Page 10 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 3 3 Certificate of Interesentd Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. Acknowledge (Optional: Check if applicable) Bid Lines 1 Diesel Exhaust Fluid (DEF) Cost per Gallon Quantity:20000 UOM:GALLONS Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 DEF Delivery Fee (Response required) Quantity:35 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 DEF Fuel Surcharge (Response required) Quantity:35 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 11 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 4 DEF Dispenser Inspection/Cleaning Quantity:4 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 12 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Page 13 of 13 pages Deadline: 1/5/2021 11:00 AM (CT)028