ALDINE INDEPENENT SCHOOL DISTRICT CARLOTTA NICHOLAS, DIRECTOR OF PURCHASING

Transcription

1 ALDINE INDEPENENT SCHOOL DISTRICT CARLOTTA NICHOLAS, DIRECTOR OF PURCHASING 1 PURCHASING DEPARTMENT Aldine Westfield Rd, Central Office, Houston, Texas Phone Fax crnicholas@aldine.k12.tx.us NOTICE TO PROPOSERS ALDINE (AISD) Transportation Department is accepting sealed Request Proposals for FUEL as specified in this document. Prior to the proposal opening, you may hand deliver your proposal between 8:00 AM to 4:30 PM to the office of the Purchasing Director, ALDINE ISD, Aldine Westfield Road, Central Office, Houston, Texas or you may mail it to the above address. Proposals are acceptable until: April 23, 1:00 P.M. for 87 OCTANE GASOLINE & ULTRA-LOW SULFUR #2 DIESEL FUEL Participating vendor s names shall be called put loud following the deadline for receiving the proposals at Aldine Westfield Road, in the Boardroom of the Sonny B. Donaldson Administration Building. All question and answers regarding the proposal must be in writing preferably by to Carlotta Nicholas, Director of Purchasing, crnicholas@aldine.k12.tx.us and Marylyn Harrison, AISD Purchasing Clerk t at mharrison2@aldine.k12.tx.us or fax Product information may be directed to Mrs. Robin DeRouen, AISD Executive Director of Transportation, rderouen@aldine.k12.tx.us (ph fax ) or Mr. Michael E. Houston, AISD Director of Transportation, mehouston@aldine.k12.tx.us ( fax ). PROPOSAL ENVELOPES SHALL BE PLAINLY MARKED: SEALED PROPOSALS FOR: 87 OCTANE GASOLINE and ULTRA-LOW SULFUR #2 DIESEL FUEL PROPOSAL NO.: TRANSP APRIL 23, 1:00 P.M. Vendors are responsible for periodically checking Aldine s website ( for any addendums that may occur prior to submission of proposals under District Information Bar click, Vendor Proposal. Nest screen, click Vendor Proposal again and then choose desired proposal to click on. If there were and addendum, you will click on that below the name of the proposal. Any proposal received later than the specified time, whether delivered in person or mailed, shall be disqualified. All proposals must be submitted in a sealed envelope. No faxes are accepted. Proposals may be submitted on any or all items, unless stated otherwise. The owner reserves the right to reject any or all proposals and to accept any proposal deemed most advantageous to Aldine Independent School District and to waive any informalities in proposal. There are twenty-two pages to this proposal numbered 1-23 (including a Conflict of Interest and Code of Ethics format to be returned).

2 SCOPE OF PROPOSAL 2 Aldine Independent School District requests sealed Proposals for the purpose of identifying a vendor or vendors to supply (1) 87-Octane Regular Unleaded Gasoline, (2) Ultra-Low Sulfur #2 Diesel Fuel for use in District vehicles. Last year s annual usage consisted of approximately 275,351 gallons of (87) octane regular gasoline and 1,250,676 gallons of ultra-low sulfur diesel #2 fuel. The following dollar amounts are an approximate expenditure for the two commodities AISD is using: Regular Unleaded Gasoline (87) Octane Annual Expenditure: $756, (Expenditures based on school year) Ultra-Low Sulfur #2 Diesel Fuel Annual Expenditure: $3,816, (Expenditures based on school year) Suppliers will be required to make deliveries as follows: Deliveries must be made to volume tanks at the following locations: LOCATIONS TANKS 1. TRANSP WEST- SIDE LOCATION (2) TWO 15,000 DIESEL 9900 ANTOINE, HOUSTON, TX (1) ONE 10,000 GASOLINE 2. TRANSP. - ADMINISTRATIVE ANNEX (1) ONE 10,000 DIESEL 1617 LAUDER RD., HOUSTON, TX (1) ONE 4,000 DIESEL 3. TRANSPORTATION - FM 525 LOCATION ALDINE PROPERTY EAST OF THE BUS WASH, FACING ALDINE BENDER RD. (1) ONE 10,000 DIESEL 4. W. W.THORNE STADIUM (1) **ONE 20,000 GASOLINE 1865 ALDINE BENDER, HOU. TX (1) ONE 6,000 GASOLINE TANK CURRENTLY IN USE NOTE: Two of the facilities are approximately one mile a part. Tanker loads may at times be split between the two locations. A third facility is located on the corner of Antoine and Fallbrook Drive. The contractor shall furnish the necessary personnel, services and facilities to provide and deliver fuels requested by the district. The fuels to be provided under this contract shall meet or exceed the specifications of Attachments A and B. This contract will begin May, 2012 and exist for one year with the option to renew for 2 additional 1 year periods. The contractor will be issued one purchase order for the calendar year, for each motor fuel type used by the Transportation Department. Purchase orders for the Transportation Department purchases will be issued per delivery. The Transportation Department will give the purchase order number to the contractor when placing a telephone order.

3 3 Contract Requirements A. Quantities During the one-year term of this contract, the District expects to purchase 1,526,027+ gallons of motor fuel. Any purchases exceeding this estimated amount must be furnished in accordance with the terms and conditions of this contract. Transportation will order approximately eighty-seven (87) loads of regular 87 Octane unleaded gasoline and onehundred and seventy-six (176) loads of Ultra-Low Sulfur #2 Diesel. B. Delivery Charges No additional charges for the delivery of motor fuels will be paid by the District. All such charges must be figured in the price differential. The District will not require split deliveries. C. Delivery Authorization Orders will be placed by telephone by the Transportation Department for delivery to the Transportation sites. Telephone orders for delivery to locations other than Transportation sites must be rejected by the contractor. Site changes will be approved in writing by the Transportation Department before any deliveries are made to other sites. All delivery orders shall be based on the fixed 30-day price as described in Section A listed below. D. Temporary Tank The proposal shall include a price cost for providing a temporary 6000 gallon skid tank at the W.W. Thorne Stadium Location 1865 Aldine Bender Houston, TX Contract Requirements Cont. A. Prices Proposals are required to propose a price differential above or below the average PAD 3 Report for Houston, Texas published by the Oil Price Information Service. The proposal shall use the average price for regular leaded (87 Octane) from the first listing of each calendar month. Adding the proposal price differential to the PAD 3 average price should establish a fixed price to be in effect from the first day of the month to the last day of the month. The District will require a copy of the loading ticket from the loading rack that reflects the loading temperature and number of gallons loaded. The District will be invoiced for net temperature-adjusted gallons only. Fuel will be measured at net gallons, 60 F and billing will be made from the net gallon figure. A copy of the loading ticket should be included with the delivery ticket. B. Price Documentation Once each month the contractor shall submit a letter to be received prior to the twenty-fifth day of the month that includes the following information: Regular Unleaded Gasoline (87 Octane) Transport Load over 6,000 gallons OPIS Average Price-1 st of month $X.XXX Differential firm for 12 months Total Price Per Gallon $X.XXX Ultra-Low Sulfur #2 Diesel Transport Load over 6,000 gallons OPIS Average Price-1 st of month $X.XXX Differential firm for 12 months Total Price Per Gallon $X.XXX

4 Attach to the letter a copy of the OPIS PAD 3 Report (first listing of the month). The letter shall be sent to: Robin DeRouen Executive Director of Transportation Aldine Independent School District 1617 Lauder Road Houston, Texas

5 1.0.0 GENERAL TERMS AND CONDITIONS FOR PROPOSAL APPLICABILITY - These conditions are applicable and form a part of the contract documents. In each equipment and/or service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and proposal forms issued herewith WITHDRAWAL OF PROPOSAL will not be allowed for a period of 90 days following the proposal opening SPECIFICATIONS may be those developed by the Using Department or by the Manufacturer to represent items of regularly manufactured products DISTRICT SPECIFICATIONS have been developed by the Using Department to show minimal standards as to the usage, materials, and contents based on their needs MANUFACTURER'S SPECIFICATIONS (Design Guide) When ever an article in this proposal is defined by description as either a proprietary product or by using the name of a manufacturer, the Proposal is encouraged to offer an item which is equal in quality, durability and in full compliance with our Specifications. If the term equivalent, alternate or equal is not inserted it shall be implied. The specified article or material shall be understood as descriptive, not restrictive QUESTIONS concerning this proposal shall be addressed to Mrs. Robin Doerun, Executive Director of Transportation, AISD PROPOSALS SHALL BE SUBMITTED ON THESE FORMS. Deviations to any Conditions and/or Specifications shall be conspicuously noted in writing by the proposer and shall be included with the proposal SEALED PROPOSALS ONLY ARE ACCEPTABLE. FAXED PROPOSALS will not be accepted by AISD since the fax process does not provide for the delivery of a sealed proposal REQUIRED ADDENDA If an addendum is necessary AISD Purchasing/Proposal Department will issue and post to the AISD website for all to review and submit with your proposal documents. / Under District Information Bar, click Vendor Proposals QUANTITIES REQUIRED are substantially correct. The district reserves the right to purchase additional quantities above that stated at the same unit price unless otherwise specified by the proposer DELIVERIES required in this proposal shall be freight prepaid; F.O.B. destination and proposal prices shall include all freight and delivery charges. For shipments designated on the purchase order to the AISD location, deliveries are accepted during normal working hours Monday - Friday preferably 8:00 A.M. through 4:00 P.M. However, if necessary, you may call , , or for a later delivery up to 9:30 P.M WARRANTY CONDITIONS for all supplies and/or equipment shall be considered manufacturer's minimum standard warranty unless otherwise agreed to in writing. Proposers shall be an authorized dealer, distributor or manufacturer for the product. All equipment in the proposal shall be new unless clearly stated in writing SAMPLES, when called for, shall be submitted with the proposal per instructions set forth in the Special Terms and Conditions ADDITIONAL SAMPLES needed for a proposal to be evaluated properly shall be delivered within (5) working days from the time the vendor is notified by the Purchasing Department SAMPLE ITEMS from the successful proposal may be retained for the purpose of determining that the quality and workmanship of the delivered items are comparable to the sample.

6 GENERAL TERMS AND CONDITIONS FOR PROPOSALS THOSE WHO DO NOT PROPOSE are requested to notify the AISD Purchasing Department in writing if they wish to receive future proposal. Failure to do so may result in their being deleted from our prospective propos list In addition EVALUATION OF PROPOSAL takes into account the following considerations: vendor experience, price, quality of products, suitability for the intended use, probability of continuous availability, vendor s service and reputation, safety record, and date of proposal job completion. It is not the policy of AISD to purchase on the basis of low proposals alone. Aldine I.S.D. will use the additional following factors outline in Texas Education Code b to evaluate as required by 1) the purchase price; 2) the reputation of the vendor and of the vendor s goods or services; 3) the quality of the vendor s goods or services; 4) the extent to which the goods or services meets the district s needs; 5) the vendor s past relationship with the district; 6)the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; 7) the total long-term cost to the district to acquire the vendor s goods or services; 8) and any other relevant factor specifically listed. AVAILABILITY: In case of emergencies, the PROPOSER must provide delivery to the Aldine locations within a 6 to 12 hour notice. These emergencies includes, weather related situations, natural disasters not to exclude terrorism emergencies. The PROPOSER must provide a 24 hour emergency phone number (s) with a contact name attached to the number (s). The contact person of the PROPOSAL must have the authority to provide the district with emergency delivery of FUEL with in the delivery time as specified in the proposal DISCLOSURES: By signing this proposal, a proposer affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the proposal submitted PROPOSERS SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the proposal By signing this proposal, a proposer affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other bidders in the award of this proposal FUNDING OUT CLAUSE Any contract for the acquisition, including lease, of real or personal property is a commitment of the District s current revenue only, provided the contract contains either or both of the following provisions: 1. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract. 2. The contract is conditioned on a best efforts attempt by the District to obtain and appropriate funds for payment of the contract ALL CONTRACTS AND AGREEMENTS between Merchants and AISD shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 2002 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, 2001Official Text, or latest CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Director of Purchasing after proposals have been awarded. Any additional agreements and/or contracts to be signed by AISD shall be included with your proposal PRICES FOR ALL GOODS AND/OR SERVICES shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame TAX EXEMPTION: AISD is exempt from payment of taxes under Chapter 20, Title 122A,

7 Revised Civil Statutes of Texas, for the purchase of tangible personal property ASSIGNMENTS AND SUBCONTRACTING: Proposers understands that the contract may not be assigned, encumbered, pledged, mortgaged, transferred or otherwise disposed of either in whole or in part without written consent from the customer. Payment can only be made to the supplier named in this order TERMINATION OF CONTRACT. It is understood that the district retains the option to terminate this agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The district agrees that it will provide written notice of termination no later than thirty (30) days prior to the end of the contract year or for just cause. The termination will become effective and this Agreement shall terminate thirty (30) days following written notification of intent GENERAL TERMS AND CONDITIONS FOR PROPOSALS, continued CONFIDENTIAL INFORMATION OR TRADE SECRETS (Government Code, Article ). If any of the information is considered to be confidential or a trade secret belonging to the proposers and, if released would give advantage to a competitor or proposer, that information should be filed with the proposal in a separate envelope marked CONFIDENTIAL - DO NOT DUPLICATE WITHOUT PERMISSION VENDOR NON-PERFORMANCE. If at any time, the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, AISD reserves the right to: 1. Purchase on the open market and charge the vendor the difference between contract price and actual purchase price, or 2. Deduct such charges from existing invoice totals currently due, or 3. Cancel within thirty (30) days written notification of intent and remove the vendor from the active bid file for a period of time not less than one (1) year. 4. Re-proposal the service/product.. 5. Award to next lower responsible proposer, if accepted by same OTHER REQUIREMENTS. Any problems or discrepancies that are not covered by the above requirements should be directed to the Director of Purchasing for a determination or clarification prior to any action taken on said problem or discrepancy. If the Contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. Documents or other commitments made by unauthorized personnel are not legal and binding upon AISD and may result in a personal obligation for the individual making the procurement or commitment PROPOSAL DOCUMENTS. Proposals shall be submitted by the proposer in triplicate; one (1) original and two (2) copies, marked as such SPECIAL TERMS AND CONDITIONS QUANTITIES REQUIRED are estimated and in no way shall the estimates be considered a guarantee. Regular Unleaded Gasoline #2 Ultra-Low Sulfur 87 Octane Diesel Approximate Annual Use: 275,351 gallons 1,250,676 gallons SPECIAL REQUIREMENTS Aldine ISD does not pay federal excise or state tax on gasoline or diesel fuels. Contractor shall furnish any exemption certificates needed for government records DELIVERY - All fuel products shall be furnished in bulk quantities only and delivered in vendor's

8 8 trucks to the location designated in accordance with all local, state and federal regulations regarding transport, handling and delivery by strictly adhering to recommended occupational controls procedures to avoid any potential adverse health effects. Maximum delivery time shall not exceed one (1) working day or twenty-four (24) hours for product ordered before noon. Vendor is obligated to furnish product within the quantity levels specified and charge the appropriate amount for the product at that level. Billed quantities shall be adjusted (temperature corrected net) to 60 degrees F. Failure to make proper or timely delivery will be cause for the District to purchase gasoline or diesel on the open market, charging back the difference between market and contract price to the vendor, subtracting such total from invoices outstanding. All delivered products shall be transferred to Aldine ISD owned tanks. The delivery driver shall do accurate measuring before and after the delivery quantities shall be adjusted (temperature corrected net) to 60 degrees F. Measurements will be verified by Aldine ISD personnel. Vendors must be able to furnish certifications issued by the State of Texas, which verify tank capacities on a given truck. The cargo manifest shall be carried with motor fuel until the motor fuel is resold or removed from the cargo truck. Deliveries are accepted during normal working hours Monday thru Friday preferably 8:00 A.M. through 4:00 P.M. However, if necessary, you may call , or for a later delivery up to 9:30 P.M. Delivery shortages, failure to deliver, or failure to deliver product meeting specifications may be cause for cancellation of contract by Aldine ISD to the vendor QUALITY CONTROL- All gasoline shall be reformulated for the Houston Area and diesel fuel shall be low sulfur in compliance with all applicable EPA, OSHA, CERCLA/DOT Hazardous Substances, Toxic Substance Control Act (TSCA) codes, specifications and regulations at time of delivery to Aldine ISD. The Aldine ISD reserves the right to test fuels at any time for specification compliance. Costs for tests shall be borne by the Contractor in the event product fails to comply. Such failure will result in vendor's prompt removal of failed product, using vendor's own equipment, at no cost to the District, within twenty four (24) hours of notification. Acceptable fuel shall immediately replace noncompliant fuel based on the quantity of unsuitable fuel originally delivered to a given location at no charge for the entire shipment. Violations of specification requirements may give the District cause to cancel and re-propose the entire contract and will be a consideration of future awards WARRANTIES - The district reserves the right to periodically submit samples of product to testing by an independent testing concern. Any product found not to meet the specifications, as set forth in this document will be subject to all conditions of the warranties as follows: Express Warranties, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose shall apply to all purchases initiated by this proposal document The proposer shall assume all liabilities incurred within the scope of consequential damages and incidental expenses as set forth in the Uniform Commercial Code, which result from either delivery or use of product, which does not meet the specifications within this document. The warranty conditions as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the proposer s pre-printed forms with this document SPECIAL TERMS AND CONDITIONS, continued SUB-CONTRACTING -No part of this proposal shall be subcontracted to another party furnishing gasoline and diesel fuel without the written approval of the Aldine Independent School District INSURANCE - Contractor shall carry, maintain in effect and pay premiums for during the entire period of this Contract, including any maintenance or warranty period herein, insurance of the types and with Limits of Liability as stated below: Workers Compensation shall be carried in compliance with and in an amount as required by the statutes of the State of Texas. Employers Liability shall be provided in an amount of not less than $1,000, Comprehensive General Liability to include: Products liability, contractual liability, completed operations, and premises, with a limit of $2, per

9 9 occurrence Automobile and Fuel Transport Vehicle Liability Insurance covering all own hired and non owned vehicles used in connection with the work with limits not less than $1,000,000 combined single limit for bodily injury and property damage Such limits of Liability as required above for Products Liability and Automobile Liability may be provided by a single policy of insurance or a combination of policies thereof including an Umbrella Liability policy or Excess Liability policy NOTICE OF CANCELLATION OR MATERIAL CHANGE: All policy or policies as required above shall be endorsed to provide Thirty (30) Calendar Days Written Notice of Cancellation or Material Change to AISD (see 2.8.4). All replacement policy( lies) shall be in place and received by AISD within fourteen (14) days prior to the effective date of the cancellation of the affected policy (ies) MULTIPLE POLICIES: The limits of Liability as required above may be provided by a single policy of insurance or a combination of primary, excess or umbrella liability policies. But in no event shall the total Limit of Liability available for any one (1) occurrence or accident be less than the amount shown above CERTIFICATES OF INSURANCE: Proof that such insurance coverage exists shall be furnished to AISD in the form of an ACCORD Certificate of Insurance prior to any deliveries being made SUBCONTRACTORS: Contractor shall require any and all subcontractors performing work under this Contract to carry insurance of the types and with limits of liability as herein described APPROVAL OF FORMS AND COMPANIES: All such policy or policies of insurance issued in compliance with the above requirements shall be on forms and with insurance companies approved by AISD. All such insurance shall be provided by insurance companies that have a Best's Rating of not less than B+ or greater: VI or greater as shown in the current issue of Best's Key Rating Guide INDEMNIFICATION The contractor agrees to indemnify and hold AISD harmless from all liability, costs and expenses for loss of or damage to property, or for injury to or death of persons including, but not limited to, the property and employees of the contractor, arising out of, as a result of, or in connection with any negligent act, of the contractor or its personnel during its performance or in respect to the work under this contract or any failure of contractor to perform this contract in accordance with its terms and conditions, unless such loss or damage was occasioned by the sole negligence of AISD and except as may otherwise be set forth elsewhere in this contract The contractor shall defend all suits brought upon such claims and pay all costs and expenses incidental thereto. AISD shall have the right, at its own expense, to participate in the defense of any suit, without relieving the contractor of any obligation hereunder SPECIAL TERMS AND CONDITIONS, continued AISD will give the contractor prompt notice in writing of the institution of any suit or proceeding and permit the contractor to defend same, and will give all needed information to do so. The contractor shall similarly give AISD immediate notice of any suit or action filed or prompt notice of any claim arising out of the performance of the contract. The contractor shall furnish immediately to AISD copies of all pertinent papers received by the contractor Contractor will supply AISD a complete set of applicable Material Safety Data Sheets (MSDS) sheets for their products upon notification of award of a contract for the supply of fuels. Contractor will give AISD prompt notice of any changes in regulatory information which would affect fuel compositions stated in the Contract. The Contractor shall furnish promptly to AISD copies of all changes and revisions of MSDS information received by the contractor. (See 2.7.5)

10 SUBMITTALS - Proposers shall provide a minimum of five (5) references of governmental agencies that proposer has serviced with contracts of this type PRICING ALDINE IS NOT RESPONSIBAL FOR PAYING ANY/ ALL FUEL CHARGES. Proposers are required to propose a one price (the total of an extended price for each product = (Vendor s price per gallon) X (Aldine s projected number of gallons) for the term of the contract. Price escalations will be allowed on each Thursday of the OPIS PAD 3 for the week and shall not exceed the price movement of differential above or below the average OPIS PAD 3 report for Houston, Texas, published December (Gross Prices) by the Oil Price Information service. Looking at the RACK AVERAGE that is used, Aldine s price is based off of Thursday s OPIS. Adding the proposer's price differential to the OPIS average price will establish the fixed price to be in effect beginning the following week for Monday through Thursday. All Federal i.e. Superfund and Leaking Underground Storage Tank (LUST) taxes as well as the state of Texas Ground Water Protection and Storage Tank Remediation Fees (Refined Products Tax) shall be shown on the invoice as a separate item. Do not include any fees or taxes in your pricing Proposal, only the OPIS Pad 3 for Houston, Texas differential VENUE This contract shall be enforceable in Harris County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and of all of its terms and conditions, exclusive venue for any legal action shall lie in Harris County, Texas PRICE DOCUMENTATION - Contractor shall submit a copy of the OPIS INDEX PAD 3 report FOR HOUSTON, TX. with every invoice indicating the OPIS INDEX PAD 3 price in affect for the previous Thursdays FELONY CONVICTION NOTICE - State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.

11 This Notice is Not Required of a Publicly-Held Corporation. 11 I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name (Printed): Vendor Name A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: B. My firm is not owned or operated by anyone who has been convicted of a felony. Signature of Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of felon(s): Details of Conviction(s): Signature of Company Official:

12 4.0.0 CERTIFICATE OF RESIDENCY -The State of Texas has passed a law concerning nonresident contractors. This law can be found in Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for the Aldine Independent School District to determine the residency of its proposer. In part, this law reads as follows: 12 Section: (3) Non-resident proposers refers to a person who is not a resident. (4) Resident proposer refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: A governmental entity may not award a governmental contract to a nonresident proposer unless the nonresident under propose the lowest proposer submitted by a responsible resident proposer by an amount that is not less than the amount by which a resident proposer would be required to under propose the nonresident proposer to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that (Name of Company Proposing) is, under Section: (3) and (4), a Resident Proposer Non-resident Proposer My or Our principal place of business under Section: (3) and (4), is in the city of in the state of Title Signature of Authorized Company Representative Date Print Name

13 5.0.0 NO PROPOSAL NOTIFICATION 13 ALDINE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT ALDINE WESTFIELD, CENTRAL OFFICE, HOUSTON, TEXAS The Aldine Independent School District is interested in receiving competitive pricing on all items it s proposals. We place significant value on quality vendors and we also desire to keep your firm as a proposer and a supplier of materials, equipment and/or services. Therefore, it is important for us to determine why you are not proposing on this contract item. We will analyze your response and attempt to determine if future changes are necessary in our specification development and procedures. WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS: (Please place an X by one or more of the reasons listed below.) 1. Do not supply the requested product/service. 2. Quantities offered or scope of job is TOO SMALL to be supplied by my company. 3. Quantities offered or scope of job is TOO LARGE to be supplied by my company. 4. Specifications are too tight or appear to be written around a proprietary product. (Please elaborate on this item.) 5. Cannot propose against MANUFACTURER on this item. 6. Cannot propose against JOBBER on this item. 7. Time frame for proposal was too short. (Please elaborate on your primary reason for this judgment.) 8. Other: IF YOU DID NOT MAKE A PROPOSAL and wish to remain on the Aldine ISD proposal list for this item, please indicate: I wish to remain on the proposal list. I do not wish to remain on the proposal list. VENDOR SIGNATURE PRINTED NAME, TITLE DATE Gasoline & Diesel Fuels BID NO. COMPANY NAME A/C - PHONE NO. ADDRESS CITY STATE ZIP A/C - FACSIMILE NUMBER.

14 Vendor Name SPECIFICATIONS AND PROPOSAL FORM Vendor Name: REGULAR UNLEADED 87 OCTANE GASOLINE: Gasoline shall meet most recent update of all Colonial Pipeline specifications for regular unleaded 87 Octane gasoline. Fuel shall comply with all State, Local, and Federal laws, rules and regulations (including but not limited to: EPA, CERCLA 102 (a)/dot, TSCA, SARA Title III Sections 302/304, 313 regarding additives or extenders to comply with Harris County, Texas reformulation requirements). POST- FORM DETAILING THE CHEMICAL COMPONENTS OF THE FUEL PROPOSAL. ********VENDOR MUST SUBMIT A SPECIFICATION SHEET WITH THEIR PROPOSAL ********* Note: Failure of the vendor to complete the Proposal as listed in the Specifications and Proposal Form (Section and 5.2.0) may be just cause to disqualify your proposal OPIS INDEX GROSS AVG PRICE December 2011 $ (Regular Unleaded 87 Octane Gasoline) BIDDER S BID: Add differential if above OPIS price per gallon $ OR Subtract differential if below OPIS PAD3 price $ per gallon Temporary Tank $ Additional Fees $ Indicate incidental charges (ex; double drop charge, emergency drop, etc) which may incur: (Vendor may not charge incidental charges if not indicated on proposal form). ATTACHMENT A SPECIFICATION FOR 87 OCTANE REGULAR UNLEADED GASOLINE Property Inspection Minimum Acceptable Limits Gravity: API Min Sulphur: 0% approx Existent Gum: MG./100 ml (Max.) 2.00 Oxidation Stability: Min Octane No. Motor Method Research Method (Ron + Mon)/ Benzene: 0% by Volume approx Vapor Pressure: Lb. Winter - Summer - Distillation Over Point: F approx..95 End Point: F approx % at: F approx approx approx

15 VENDORS NAME 15 Having carefully examined the proposal Notice, Terms, Conditions, Specifications, and Proposal Form, the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the specifications and conditions at the prices quoted unless noted in writing. The undersigned agrees to deliver all goods and/or services within one day after receipt of order. FIRM NAME ADDRESS CITY, STATE, ZIP TELEPHONE NUMBER FAX NO ADDRESS AUTHORIZED SIGNATURE TYPED/PRINTED NAME POSITION WITH COMPANY REPRESENTATIVE NAME DEVIATIONS Item No. Alternate Brand Name Alternate Model/Part No. Price

16 ULTRA-LOW SULFUR # 2 DIESEL FUEL- Diesel must meet all recent update of Colonial pipeline specifications for low sulfur #2 diesel. Fuel must comply with all State, Local, and Federal laws, rules, regulations, (including but not limited to EPA,CERCLA 102 (a)/dot TSCA, SARA, Title III Sections 302/304, 313 regarding additives or extenders to comply with Harris County, Texas reformulation requirements). Having carefully examined the Proposal Notice, Terms, Conditions, Specifications and Proposal Form, the undersigned hereby propose and agrees to furnish goods and/or services in strict compliance with the specifications and conditions at the prices quoted unless noted in writing. Vendor must submit with their proposal form a Proposal specification sheet OPIS INDEX GROSS AVG PRICE December 2011 $ BIDDER S BID: Add differential if above OPIS price per gallon $ OR Subtract differential if below OPIS PAD3 price $ per gallon Additional Fees $ Indicate incidental charges (ex; double drop charge, emergency drop, etc) which may incur: (Vendor may not charge incidental charges if not indicated on proposal form). ATTACHMENT B SPECIFICATIONS FOR No. 2 ULTRA LOW SULFUR DIESEL FUEL ASTM Test Test Results Product Property Method Minimum Maximum Gravity AP1 D Flash Point, F Pensky-Martin D Distillation, F D 86 10% % End Point Viscosity, 100 F (38 C) D Pour Point, F D 97 0 Cloud Point, F D Corrosion, F (50 C) D Total Sulphur, wt. 0% D 129 or D Cetane Number D or Cetane Index D Ash, wt. % D Carbon Residue: Ramsbottom on 10% Bottom D BS & W, Vol. % D 1796 less than 0.05 Thermal Stability, 90 Minutes

17 300 F Pad Rating, DuPont scale 4.0 or Oxidation Stability, mg/100 ml D Haze 70 F CPC Scale SPECIFICATIONS AND PROPOSAL FORM (cont) Vendor Name: ADDITIONAL EVALUATION CRITERIA MAXIMUM DELIVERY TURNAROUND TIME AFTER ORDER PLACEMENT? DAILY ORDER CUT-OFF TIME? DISPATCH SERVICE HOURS? ORDER METHOD? POINT OF DISTRIBUTION? HAVE YOU INCLUDED INSURANCE ACCORDS? REFERENCES: Please list at least 3 references with whom you have contracted previously for the same products or services. 1. Organization Name: Contact Person: Phone No. w/ Area Code Address: 2. Organization Name: Contact Person: Phone No. w/ Area Code Address: 3. Organization Name: Contact Person: Phone No. w/ Area Code Address: 4. Organization Name: Contact Person: Phone No. w/ Area Code Address:

18 5.5.0 PLEASE COMPLETE THE FOLLOWING WITH YOUR VENDOR INFORMATION: 18 CO./FIRM NAME ADDRESS CITY/STATE/ZIP TELEPHONE NO. FACSIMILE NO. ADDRESS AUTHORIZED SIGNATURE TYPED/PRINTED NAME POSITION WITH COMPANY REPRESENTATIVE'S NAME If awarded, the contract, please name the individual who will be responsible for providing OPIS REPORTS with invoicing? NAME PHONE FAX

19 VENDOR NAME 19 NOTE: Failure of the Proposer to complete the Proposal as listed in the Specifications and Proposal Form (Section and 5.3.0) may be just cause to disqualify proposal. Having carefully examined the Proposal Notice, Terms, X-Conditions, Specifications and Proposal Form, the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the specifications and conditions at the prices quoted unless noted in writing. FIRM NAME ADDRESS CITY, STATE, ZIP PHONE NO. FAX NO. ADDRESS FACSIMILE NO. AUTHORIZED SIGNATURE TYPED/PRINTED NAME POSITION W.COMPANY REPRESENTATIVE S NAME

20 Vendor Name 20 EVALUATION CRITERIA NOTE: The following information must be provided and returned for consideration in the awarding of this proposal. 1. Do you have your own employees or do you sub-contract out? 2. How long has your company been in business? 3. Approximate number of jobs you have contracted for these types of services? Elaborate: 4. How many jobs are you currently serving? Elaborate: 5. Will your company be able to respond to any of our 79 Aldine ISD locations upon request Monday through Friday 7:30AM - 4 PM? Yes No. 6. What is your guaranteed response time for: Delivery of proportioning machine? Elaborate: 7. Have you included the Brand name Yes No Product number Yes No 8. Describe your current and past supply-chain (Manufacturer, Warehouse logistics) capabilities to consistently maintain substantial quantities as required in this contract. 9. Are you a member of a purchasing co-op? Yes No. If yes, please list: 10. Is the proposal price based on a co-op pricing agreement? Yes No. 11. Is pricing provided in this proposal higher than pricing your contracted commitment with a specific co-op contract? Yes No. Explain?

21 DISCLOSURE: CONFLICT OF INTEREST STATEMENT CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. 21 FORM CIQ OFFICE USE ONLY Date Received Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section (a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. Dr. Wanda Bamberg, Superintendent of Schools Dr. Keith Clark, Assistant Superintendent of Finance Carlotta Nicholas, Director of Purchasing Transaction of Business, by Purchase Order, for the sale/purchase of goods and services by Aldine Independent School District. Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. Dr. Wanda Bamberg, Superintendent of Schools Transaction of Business, by Purchase Order, for the sale/purchase of goods and services by Aldine Independent School District. Adopted 11/02/2005

22 22 DISCLOSURE: CONFLICT OF INTEREST STATEMENT, continued CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental entity Date

23 ACKNOWLEDGEMENT OF SUPPLIER CODE OF ETHICS FOR ALDINE INDEPENDENT SCHOOL DISTRICT 23 **************************************************************************************************** Please complete and submit back with your proposal. Having carefully examined the Supplier Code of Ethics, the undersigned agrees to the guidelines stated. SUPPLIER NAME ADDRESS CITY, STATE, ZIP TELEPHONE NUMBER FAX NO. ADDRESS AUTHORIZED SIGNATURE TYPED/PRINTED NAME POSITION WITH COMPANY