Invitation for Bids (IFB) Propane Delivery Services IFB Number: C-2020-0226 - Propane Delivery Services - The Woodlands ...
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Invitation for Bids (IFB)
Propane Delivery Services
IFB Number: C-2020-0226
Propane Delivery Services Page 1 of 32
Table of Contents
General Terms and Conditions ......................................................................................................................................3
Compliance with Laws, Regulations and Policies ....................................................................................................4
Disadvantaged Business Enterprise (DBE)...............................................................................................................4
Notice to Offerors .....................................................................................................................................................5
Proof of Certification ................................................................................................................................................5
Identifying Certified DBE Firms ..............................................................................................................................5
Additional DBE Certifying Agencies .......................................................................................................................5
Assurances ................................................................................................................................................................5
Federal Participation .................................................................................................................................................5
Certification ..............................................................................................................................................................6
Invoicing & Payment ................................................................................................................................................6
Contractor Status.......................................................................................................................................................6
Indemnification/Defense of The Township ..............................................................................................................7
No Assignment .........................................................................................................................................................7
Changes.....................................................................................................................................................................7
Tentative Schedule of Events....................................................................................................................................8
Mandatory Pre-Bid Meeting .....................................................................................................................................8
Instructions for Submitting Bids ...............................................................................................................................8
Technical Specifications ................................................................................................................................................9
Section 1: General Specifications and Acknowledgments .......................................................................................9
Section 2: Propane Delivery Services Specifications ............................................................................................ 12
Section 3: Bid Tabulation Form ............................................................................................................................. 14
Section 4: Addendum & Bidder’s Acknowledgements ......................................................................................... 15
Section 5: Insurance Requirements ........................................................................................................................ 16
Section 6: References............................................................................................................................................. 17
Section 7: Subcontractors List ............................................................................................................................... 18
Section 8: Project Execution .................................................................................................................................. 19
Section 9: Supply Requirements ............................................................................................................................ 20
Section 10: Federally Required Contract Clauses .................................................................................................. 21
Section 11: Signature Page ..................................................................................................................................... 30
IFB Submittal Checklist .......................................................................................................................................... 31
Attachments ................................................................................................................................................................. 32
Attachment A -The Woodlands Township Trolley Operations Service Map ......................................................... 32
Propane Delivery Services Page 2 of 32General Terms and Conditions
The Woodlands Township is requesting bids for propane delivery services for The Woodlands Township
Trolley Operations Program:
• This project is anticipated to be funded via federal assistance through urbanized federal formula
grants, and other sources, as available. Federal requirements associated with contracts of this nature
are outlined in the Federally Required Contract Clauses (Section 10) of this solicitation.
• The Woodlands Township reserves the right to reject any or all Bids, including without limitation the
rights to reject any or all non-conforming, non-responsive, unbalanced or conditional Bids and to
reject the Bid of any Bidder if the Township believes that it would not be in the best interest of the
Project, the Township or the government of the United States of America, per Federal Transportation
Administration (FTA) regulations, to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other
pertinent standard or criteria established by FTA and / or the Township.
• The Township also reserves the right to waive all informalities and defects in the bids and the bidding
process not involving price, time of submittal or changes in the Work and to negotiate contract terms
with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices
will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies
between words and figures will be resolved in favor of the words. In case of ambiguity or lack of clarity
in stating the prices in the bid, the Township reserves the right to consider the most advantageous
bid thereof or to reject the bid.
• Please be advised that in compliance with State of Texas Government Code, Section 2252.908, the
successful business entity awarded a contract by the Board of Directors of The Woodlands Township
must complete Form 1295 – “Certificate of Interested Parties” – and must provide a signed and
notarized printed copy of the form and a separate certification of filing. The form can be found at
www.ethics.state.tx.us.
• By bidding, the bidder acknowledges and will adhere to all bid specifications, as stated within this bid
packet.
• Bidder is required to submit three (3) references of previous projects of similar or like nature.
• Bid prices shall be firm 120 days from bid opening.
• Evaluation of bid takes into account the following considerations: price, quality, and vendor’s service.
• Bidders should carefully examine the bid documents, specifications and other documents, and fully
inform themselves as to all conditions and matters that could in any way affect the work or the cost
thereof. Should a bidder find discrepancies in or omissions from specifications or other documents,
or be in doubt as to their meaning, he should notify the Township at once and obtain clarification
prior to submitting a bid.
• All Bids must be made on the required BID TABULATION FORM – See Section 3. All blank spaces for
BID prices must be filled in with ink or typewritten, and the BID form must be fully completed and
executed when submitted. Bidder shall complete every space in the bidder’s initials column with
either the bidder’s initials to indicate the item is being bid exactly as specified, or a notation and/or
description to indicate any deviation of item being bid from the specifications.
Propane Delivery Services Page 3 of 32• A conditional Bid may be cause for rejection.
• Late submittals will be considered non-responsive and will be rejected without consideration.
• There is a mandatory pre-bid meeting for this project at 2:00 p.m. CST on October 15, 2020 at the
primary service delivery location at 700 Westridge Drive, Spring, Texas 77380. The Woodlands
Township is following COVID-19 state and local guidelines. Consequently, all attendees will be
required to wear face coverings and social distancing will be practiced. Prospective bidders will also
be invited to visit the secondary service location for propane delivery services conducted as a “drive
through” style meeting to view the site at 1106 Lake Robbins, Spring, Texas 77380. Both service
delivery locations are included in Section 2 under “Propane Delivery Service Specifications” of this IFB.
• Any questions about the meaning, the intent or the specifications must be submitted by the Bidder in
writing by 2:00 p.m. CST on October 21, 2020. E-mail all questions to
scoulter@thewoodlandstownship-tx.gov. Answers to questions will be posted in the form of written
addenda. All addenda shall become a part of the contract documents and shall be acknowledged and
dated on the bottom of the Bid Tab Page. All addenda will be uploaded to the same location as the
Invitation for Bid on The Woodlands Township website.
• Completed Bids, references and acknowledgement of the general specifications must be received by
The Woodlands Township Town Hall, 2801 Technology Forest Blvd no later than 2:00 p.m. CST on
October 30, 2020.
• The maximum contract length, with renewals, will be three (3) years. Bidders may be required to
furnish information supporting their ability to supply, without major interruption, the products
covered in this bid.
Compliance with Laws, Regulations and Policies
All work to be undertaken because of this qualifications-based selection process must be consistent with
all pertinent Federal, State, County and local laws, regulations, and policies.
All bidders should comply with the Texas Natural Resources Code (TNRC), Title 3, Chapter 113 in which
the Railroad Commission of Texas adopted the LP-Gas Safety Rules, under TAC, Title 16, Chapter 9. In
addition to the Commission’s LP-Gas Safety Rules, all bidders must comply with the National Fire
Protection Association’s Liquefied Petroleum Gas Code (NFPA 58 - 2008 edition) and National Fuel Gas
Code (NFPA 54 – 2006 edition) as adopted by the Railroad Commission of Texas.
The awarded contact for these services will include an attachment regarding the provisions of the FTA
Master Grant Agreement which would be binding upon any contractors (and subcontractors) working on
behalf of the Township on FTA-funded projects.
Disadvantaged Business Enterprise (DBE)
The Woodlands Township has established a Disadvantaged Business Enterprise (DBE) program in
accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26.
There is no contract goal associated with this procurement. However, the Township is committed to
utilization of DBEs on all DOT-assisted projects toward attainment of the Township’s established overall
goal of six percent (2.59%).
Propane Delivery Services Page 4 of 32Notice to Offerors
Notice to all offerors is hereby provided that, in accordance with all applicable federal, state and local
laws, the Township will ensure that DBEs are afforded full opportunity to submit offers and responses to
this solicitation and to participate in any contract(s) executed pursuant to this advertisement.
Proof of Certification
If applicable, parties responding to this IFB with DBE firms must provide proof verifying the certification
of any DBE firm proposed to perform on this contract by one of the six certifying entities in the state of
Texas. Proof of DBE certification should be included in appendices.
Identifying Certified DBE Firms
The Woodlands Township is NOT a certifying agency.
Prime offerors/bidders may obtain the latest version of the Texas Unified Certification Program DBE
Information Directory on the Texas Department of Transportation website at:
https://www.txdot.gov/inside-txdot/division/civil-rights/tucp.html
Additional DBE Certifying Agencies
o City of Houston
http://www.houstontx.gov/obo/index.html
o City of Austin
http://www.austintexas.gov/department/small-and-minority-business/about
o Corpus Christi Regional Transportation Authority
http://www.ccrta.org/news-opportunities/dbe-program/
o North Central Texas Certification Agency
http://www.nctrca.org/
o South Central Texas Certification Agency
https://sctrca.org/
Assurances
Each contract the Township signs with a contractor (and each subcontract the prime contractor signs with
a subcontractor) or sub-recipient must include the following assurance per 49 CFR, Part 26.13(b):
The contractor, subcontractor or sub-recipient shall not discriminate on the basis of race, color, religion,
national origin, sex, disability, or age in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor, subcontractor or sub-recipient to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as The
Township deems appropriate.For more information, please refer to the Federally Required Contract
Clauses of this solicitation.
Federal Participation
The contract associated with this solicitation will be financed in part through the United States
Department of Transportation. Federal contracting requirements govern solicitation. The Township, in
accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4, and Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued
pursuant to such Act, hereby notifies all respondents that it will affirmatively insure that in any contract
Propane Delivery Services Page 5 of 32entered into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit proposals in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award. Qualified firms and qualified
Disadvantaged Business Enterprises (DBE) are encouraged to submit proposals in response to this
solicitation. Other respondents are encouraged to utilize DBE subconsultants where appropriate. The
Woodlands Township has established a goal of 2.59% for FTA contracts. This project will be funded using
FTA funds. Subcontracting is permitted. WBE/MBE firms do not qualify as DBE firms under this solicitation.
DBE participation will be taken into consideration in the evaluation of responses. However, nothing in this
provision shall be construed to require the utilization of any DBE firm which is either unqualified or
unavailable.
Certification
By submitting a response to this IFB, a respondent is certifying that neither its firm nor any of its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, under federal criminal
indictment, or otherwise excluded from participation in this procurement process by any federal
department or agency.
Further, if any of the aforementioned situations occurs during the course of the procurement, the
respondent is required to immediately inform the Township thereof.
Invoicing & Payment
The selected provider (Contractor) will be required to submit its invoice by the fifth (5th) calendar day of
the month each month for services rendered during the previous calendar month. Invoices are to be sent
to the Township’s administrative office located at 2801 Technology Forest Blvd., The Woodlands, TX
77381. The Township is tax exempt therefore invoices cannot include any sale taxes.
The Township will pay invoices on a net 30-day payment cycle or three (3) days after the receipt of State
and Federal funds, whichever is later. Such payment terms are contingent upon the receipt of State and
Federal funds.
Loss of such funds will nullify the Contract.
Contractor may only bill for actual hours worked. Holiday, vacation, sick and any other leave must be paid
by the Contractor and may not be billed to the Township.
Contractor’s monthly invoice shall not be deemed complete, and payment shall not be authorized, unless
each of the following monthly reports is provided in a form to be approved by the Township.
• The payment request in an amount correctly determined in accordance with the Schedule
of Prices less any adjustments.
• OPIS data sheets from date of sale must accompany all invoices.
Contractor Status
Contractor will be an independent Contractor of the Township, and all persons employed to furnish
services or to perform work under the contract are employees, agents or subconsultants of Contractor
and not of the Township. The Contractor shall be fully responsible for all acts and omissions of its
employees, subconsultants, and their suppliers, and shall be specifically responsible for sufficient
supervision and inspection to ensure compliance in every respect with the contract requirements. No
provision of this RFQ or any resultant contract shall be construed to give rise to a partnership, joint
venture, agency, employer/employee relationship, or any relationship between Contractor and the
Township other than that of principal and independent Contractor.
Propane Delivery Services Page 6 of 32Indemnification/Defense of The Township Contractor will be required to assume full liability and responsibility for, and release and covenant and agree to indemnify, hold harmless and defend the Township and the members of the Board of Directors and executive committee, officers, principals, agents and employees of the Township (hereinafter collectively “Indemnified Persons”) from and against any and all damages, payments, costs, losses, expenses, and liability of every kind whatsoever related to all claims for damages or injuries to persons or property of any nature whatsoever (including any claims which may arise on the part of the Contractor, its officers, agents, principals, employees, and subcontractors) arising out of or incident to this solicitation or the contract(s) resulting from this solicitation, or which are in any way related to such solicitation or contract(s) or to Contractor’s activities thereunder, or are incident to the grant or exercises of any of the rights and privileges described in such solicitation or contract(s), other than claims resulting solely from the negligence of one or more of the Indemnified Persons. By way of inclusion and not limitation, the liability and responsibility assumed and the claims, damages, payments and expenses released and indemnified against are specifically agreed to include any growing out of or related to libel, slander, and the like, and infringement of patents, copyrights, trademarks, service marks and the like, including claims arising out of the use by any of the Indemnified Persons of any documentation, publication, appliance, tool, equipment or apparatus supplied under such solicitation or contract(s). The Township will promptly notify Contractor of any such claim and will cooperate with Contractor in defending against any such claim. In the event any suit or legal proceeding of any kind is brought against any of the Indemnified Persons on account of any claim described in the preceding paragraph, Contractor agrees to assume the defense thereof and to pay all expenses relating thereto and in connection therewith and all judgments and levies that may be obtained against any of the Indemnified Persons as a result of any such suit or proceeding, specifically including fines, penalties, attorney’s fees, exemplary damages, and interest; and Contractor agrees to at once cause any such judgments and levies to be dissolved and discharged by paying same, giving bond or otherwise. Contractor also agrees to pay the Township promptly upon receipt of statements therefor, any and all attorney’s fees and other expenses reasonably incurred by it directly or indirectly related to any claims. No Assignment Any Contract resulting from or related to this solicitation and all rights and obligations thereunder are non-assignable in whole or in part by Contractor without the prior express written consent of the Township, and any attempted assignment without such consent shall constitute a material default of Contractor under the underlying contract and may be considered void for all purposes at the election of the Township. Changes The Transit Operations Manager or his/her designee may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of any services under the contract, whether or not changed by any order, an equitable adjustment shall be made and the contract shall be modified in writing accordingly; provided, however, it is understood that any such adjustment will be calculated on the basis of the service adjustment rates specified in the contract only if there is requested a 25 percent or less increase or decrease per year in the level of service over or under the amount originally awarded to the Contractor. The 25 percent shall be calculated on the basis of total annual revenue hours. If greater than 25 percent increase or decrease per year in the level of service over or under the total amount originally awarded to the Contractor occurs, the rates contained in the contract shall be subject to renegotiations. Any claim of the Contractor for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Contractor of the notification of change unless the Contracting Officer or his/her designee grants a further period of time before the date of final payment under the contract. Propane Delivery Services Page 7 of 32
No services for which an additional cost or fee shall be furnished without the prior written authorization
of the Contracting Officer or his/her designee.
Tentative Schedule of Events
Schedule of Events Expected Date of Completion
IFB Release Date October 7, 2020
Mandatory Pre-Bid Conference and Site Visit October 15, 2020
Questions Prior to Bid Due Date October 21, 2020
Sealed Bids Due Date October 30. 2020
Board of Directors Considers Awards of Bid November 18, 2020
Board of Directors Award Contract December 2, 2020
Mandatory Pre-Bid Meeting
There is a mandatory pre-bid meeting for this project at 2:00 p.m. CST on October 15, 2020 at the primary
service delivery location at 700 Westridge Drive, Spring, Texas 77380. The Woodlands Township is
following COVID-19 state and local guidelines. Consequently, all attendees will be required to wear face
coverings and social distancing will be practiced. Prospective bidders will also be invited to visit the
secondary service location for propane delivery services conducted as a “drive through” style meeting to
view the site at 1106 Lake Robbins, Spring, Texas 77380. Both service delivery locations are included in
Section 2 under “Propane Delivery Service Specifications” of this IFB.
All vendors desiring to be considered for this service must attend the pre-bid meeting. Failure to attend
will disqualify proposing firms.
Instructions for Submitting Bids
Any Bid received after stated closing time will be returned unopened. Reliance on the post office or
delivery services will not be considered an adequate reason for granting an exception for failure to meet
the required deadline for consideration of Bids. No results will be read aloud when Bids are submitted to
the Township.
One original (so marked) and three (3) copies of the IFB and an electronic copy of the Bid in pdf
searchable format should be submitted in a sealed box. The outside of the box should be clearly marked:
Attention: Sarah Coulter, Transit Operations Manager
The Woodlands Township
“Propane Delivery Services Bid IFB #C-2020-0226”
2801 Technology Forest Blvd
The Woodlands, TX 77381
(281) 210-3926
scoulter@thewoodlandstownship-tx.gov
Propane Delivery Services Page 8 of 32Technical Specifications
Section 1: General Specifications and Acknowledgments
Bidder shall complete every space in the bidder proposal column with either the bidder’s initials to
indicate the item being bid is exactly as specified or a notation and/or description to indicate any deviation
of item being bid from the specifications.
Item # Description of Requirements Bidder’s
Initials
General Specifications
1 Bid submittal shall include at least 3 references with addresses and contact
information of similar projects that the vendor has provided to similar clients
within the past two (2) years.
2 Prices shall be inclusive of any and all charges (staff time, materials,
equipment, supplies, transportation to/from sites, truck charges, disposal fees,
environmental charges, etc.).
3 No taxes shall be included in the bid price since the Township is exempt from
all sales tax. The Township will provide selected vendor applicable proof of
sales tax exemption.
4 Contractor shall be capable of receiving communication by fax, web, email, or
via phone call/message.
5 Contractor is responsible for all equipment, labor, trucks, and material
necessary to provide the required materials and installation. No equipment,
material or personnel shall be provided by The Woodlands Township to
Contractor.
6 Contractor must ensure contractors’ employees and contractors, Township
employees and contractors, and the public’s and all user’s safety when
performing services in and around all locations.
7 Contractor shall adhere to image standards - meaning each employee will be
identified by a company uniform (shirt, pants and cap) and vehicles will be
clean, and all marked with company name. Until state and local guidelines
indicate otherwise, drivers shall adhere to COVID-19 guidelines and wear face
coverings during service delivery.
8 Contractor shall behave and operate in an environmentally sound and
professional way, as to not create damage or cause exposure by virtue of
negligence or omission.
9 At Contractor's own cost and expense, Contractor shall comply with all laws,
ordinances, rules, and regulations of the federal (including Federal
Transportation Administration (FTA) per Section 10), state, local and OSHA
authorities and departments relating to or affecting the work hereunder, and
shall secure and obtain any and all permits, licenses, certifications and
consents as may be necessary in connection therewith.
10 Contractor shall provide to The Township proper and verifiable insurance, as
outlined in the bid document.
11 The Woodlands Township’s payment terms are net 30 days.
Contractor’s Responsibility
12 Work shall be conducted in a manner that does not affect normal transit
operations. The contractor will provide propane services Sunday through
Saturday before 9:00 a.m. CST.
Propane Delivery Services Page 9 of 3213 Bidders should carefully examine the bid documents, specifications and other
documents, visit the sites of the work and fully inform themselves as to all
conditions and matters that can in any way affect the work or the cost thereof.
Should a bidder find discrepancies in or omissions from specifications, or other
documents, or be in doubt as to their meaning, he/she should notify The
Township at once and obtain clarification prior to submitting a bid.
Proof of Certification/Licensing
14 Please provide proof of licensing to perform the regulated activity outlined in
this bid. Company that has a Category E license should attach the respective
document to this IFB.
Communication
15 Contractor is expected to be in regular contact (email, phone) with appointed
project manager for The Woodlands Township. Additional meetings may be
required between contractors selected regarding project related issues.
Compliance with laws
16 For this project, all contractor(s) and subcontractor(s) must pay the local
general prevailing wages. This includes the rate for overtime work and legal
holidays. Laborers or employees must be paid at or above the prevailing local
wages. http://www.thewoodlandstownship-tx.gov/bids.aspx?bidID=26
17 Contractor shall comply with all rules and regulations required by Texas
Railroad Commission related to this bid.
18 At Contractor's own cost and expense, Contractor shall comply with all laws,
ordinances, rules, and regulations of the federal, state, local, American with
Disabilities Act, Federal Transportation Administration including Section 8
below, and OSHA authorities and departments relating to or affecting the work
hereunder, and shall secure and obtain any and all permits, licenses,
certifications and consents as may be necessary in connection therewith.
User Safety
19 Contractor shall maintain a safe area throughout propane delivery services.
Contractor’s safety and emergency plans must be submitted to and reviewed
by The Woodlands Township prior to service start date.
Sub-contractors
20 All services shall be performed by the approved contractor or sub-contractor.
A list of sub-contractors shall be submitted with the bid. All subcontractors are
subject to FTA regulations. See Section 10.
Federal Transportation Administration (FTA)
21 Contractor must review, acknowledge and abide by the rules and regulations
set forth by the FTA. Applicable regulations are listed in Section 10.
Insurance and Taxes
Propane Delivery Services Page 10 of 3222 No taxes shall be included in the bid price. The Woodlands Township will
provide selected vendor applicable proof of sales tax exemption.
23 Contractor shall provide to The Woodlands Township proper and verifiable
insurance as outlined in the bid document - Section 6.
Project Timeline
24 Award of Bid – estimated to be on or about December 2, 2020.
Project Timeline – Contractor shall submit number of calendar days available
to provide the service.
Payment
25 The selected provider (Contractor) will be required to submit its invoice by the
fifth (5th) calendar day of the month each month for services rendered during
the previous calendar month. Invoices are to be sent to the Township’s
administrative office located at 2801 Technology Forest Blvd., The Woodlands,
TX 77381. The Township is tax exempt therefore invoices cannot include any
sale taxes.
Bid Evaluation
26 There is a mandatory pre-bid meeting for this project at 2:00 p.m. CST on
October 15, 2020 at the primary service delivery location at 700 Westridge
Drive, Spring, Texas 77380. The Woodlands Township is following COVID-19
state and local guidelines. Consequently, all attendees will be required to wear
face coverings and social distancing will be practiced. Prospective bidders will
also be invited to visit the secondary service location for propane delivery
services conducted as a “drive through” style meeting to view the site at 1106
Lake Robbins, Spring, Texas 77380. Both service delivery locations are included
in Section 2 under “Propane Delivery Service Specifications” of this IFB.
Warranty
27 Standard warranties are to be included with bid.
Approvals
28 An award of contract is subject to The Woodlands Township Board approval.
Certificate of Interested Parties
29 Please be advised that in compliance with State of Texas Government Code,
Section 2252.908, the successful business entity awarded a contract by the
Board of Directors of The Woodlands Township must complete Form 1295 –
“Certificate of Interested Parties” – and must provide a signed and notarized
printed copy of the form and a separate certification of filing. The form can be
found at www.ethics.state.tx.us.
Propane Delivery Services Page 11 of 32Section 2: Propane Delivery Services Specifications
Propane Delivery Services Specifications
Summary of Work
The Township's fixed route trolley transit service area totals to 6.1 directional
miles.
The awarded contractor for IFB #C-2020-0226 Propane Delivery Services will
only be responsible for providing propane services in support of the
Township's Trolley Operations. The contractor will provide propane services
Sunday through Saturday before 9:00 a.m. CST.
30
The daily consumption per service day is 120.0 gallons.
The Trolley Service schedule is provided below:
• Monday through Thursday: 11:00 a.m. C.S.T to 9:00 p.m. C.S.T
• Friday through Saturday: 10:00 a.m. C.S.T to 10:00 p.m. C.S.T
• Sunday: 11:00 a.m. C.S.T to 6:00 p.m. C.S.T
Trolleys will not require propane delivery services on Thanksgiving Day,
Christmas Day or New Year's Day.
Delivery and Service Locations
Use the Bid Tabulation Form (Section 3) to provide detailed unit costs
associated with providing the requested services if you are selected. Please
include hourly rates and / or other unit costs. Cost provided should be fully
loaded costs and include travel, equipment, and labor and all other
fixed and variable costs associated with the completion of the work described
in the propane delivery services specifications. The Township’s Project Manager
will confirm the service location with the contractor at least 24-hours in advance
before next service day.
Service Location(s):
1. Primary Service Delivery Location
31 Westridge Maintenance Facility
700 Westridge Road
Spring, Texas 77380
2. Secondary Service Delivery Location
Marina Facility
1106 Lake Robbins Drive
The Woodlands, Texas 77380
Propane Delivery Services Page 12 of 32Price Calculation
Pricing provided will be based on the following breakdown
OPIS price (base) @ date of sale + Dealer Differential = Township Price
OPIS Price - Please use OPIS Mount Belvieu Spot Price @ reference date
Dealer Differential to include all labor, freight, overhead handling and other fees
32 as applicable. Dealer Differential price to remain fixed through period of
contract.
Pricing will be based on the following:
OPIS price (base) @ date of sale + dealer differential = Service Price
Schedule Day of Service
Contractor acknowledges that delivery could occur at The Woodlands
Township’s Marina Facility and Westridge Maintenance Facility (See Page 12
under “Delivery Service and Locations” and will limit working hours to 6:00
a.m. C.S.T to 9:00 a.m. C.S.T., excluding holidays recognized by the Township
such as Thanksgiving Day, Christmas Day or New Year's Day. The primary
service location is the Westridge Maintenance Facility. If the service location
33
should change, the Township’s Project Manager will notify the awarded bidder
of the correct service location at least 24-hours before next service day.
At the beginning of the Contract term and each calendar year after that, the
Township shall provide Contractor a yearly calendar outlining The Township’s
holidays.
Propane Delivery Services Page 13 of 32Section 3: Bid Tabulation Form
Item(s) Bid Amount
A. OPIS price (base) – Please use OPIS Mount Belvieu Spot Price @
reference date $
B. Dealer Differential (As per Section 2 under Price Calculations) $
$
Proposed Bid Price (A + B) $
Number of Calendar Days to Perform the Work
Earliest date available to begin the work
I/We agree that the prices stated herein will be firm for ninety (90) calendar Initial Here
days from the Bid Submittal
Propane Delivery Services Page 14 of 32Section 4: Addendum & Bidder’s Acknowledgements
ADDENDUM ACKNOWLEDGEMENT
Please sign to indicate that you received the addenda by signing your name along with the date
received.
Addenda #1 _____________________________________
Addenda #2 _____________________________________
Addenda #3 ____________________________________
BIDDER ACKNOWLEDGEMENT
I, _________________________________________, certify that this bid is made without prior
understanding, agreement or connection with any corporation, firm, or person submitting a bid for the
same materials, supplies or equipment and is in all respects fair and without collusion of fraud. I agree to
abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.
____________________________________ ____________________________________
Signature Name (please print)
____________________________________ ____________________________________
Title Company Name
____________________________________ ____________________________________
Address Phone Number
____________________________________ ____________________________________
E-mail address Cell Phone Number
Propane Delivery Services Page 15 of 32Section 5: Insurance Requirements
Request for Bid
____________
Insurance Requirement
Contractor agrees to maintain and require its subcontractors to maintain at all times the following coverage at no
less than the limits indicated:
Worker’s Compensation Insurance - Statutory
Employers Liability - $100,000
Automobile Liability (Including owned and Non-Owned autos)
Bodily Injury - $250,000 each person
- $500,000 each occurrence
Property Damage - $100,000 each occurrence
Commercial General Liability
Combined Single Limits for Bodily Injury and Property Damage:
Each occurrence for premises/operations:
Broad form CGL liability coverage - $1,000,000
Products / Operations aggregate - $1,000,000
Advertising Injury -$1,000,000
General Aggregate -$2,000,000
Umbrella Liability - $1,000,000 each occurrence
- $1,000,000 annual aggregate
- $ 25,000 self-insured retention
Contractor’s coverage must be written on an Occurrence (not claims made) basis with companies acceptable to The
Woodlands Township, must stipulate that no take-out endorsements are included on the General Liability policy,
and each policy providing coverage hereunder shall contain provisions that no cancellation or material reduction in
coverage in the policy shall become effective except upon thirty (30) days prior written notice thereof to The
Woodlands Township. The Woodlands Township shall be named as additional insured with respect to liability
imposed upon it resulting from the performance of Work under this Agreement. There shall be no right of
subrogation against The Woodlands Township and this waiver of subrogation shall be endorsed upon the policies.
Prior to the commencement of performance of the Work, Contractor shall furnish certificates, which shall identify
The Woodlands Township to The Woodlands Township in duplicate, evidencing compliance with all requirements
herein. The limits of such insurance shall in no way be construed as limiting Contractor’s obligation to completely
defend, indemnify and hold harmless The Woodlands Township.
Propane Delivery Services Page 16 of 32Section 6: References
References
Please provide information from three (3) references
1. Agency/Company:
Contact Name:
Contact Phone:
Project description
Contract start and end dates
2. Agency/Company:
Contact Name:
Contact Phone:
Project description
Contract start and end dates
3. Agency/Company:
Contact Name:
Contact Phone:
Project description
Contract start and end dates
Propane Delivery Services Page 17 of 32Section 7: Subcontractors List
SUBCONTRACTORS
LIST OF SUBCONTRACTORS (Required with Bid Submittal)
Please list all subcontractors to be used and work that they will perform as part of this bid. Bidder certifies
that all Subcontractors listed are eligible and legally able to perform the Work.
Subcontractor's Name Subcontractor’s Type of Work
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
If no Subcontractors are listed, it will be understood that no Subcontractors are to be utilized in executing
the contract.
The Contractor whose Bid is accepted shall not substitute for a Subcontractor who is named herein,
without written approval from The Woodlands Township.
Propane Delivery Services Page 18 of 32Section 8: Project Execution
12.1 Project schedule
A. A project schedule is to be developed so that workflow does not disrupt transit operations.
B. Alterations to project schedule will not be allowed without written consent from The
Woodlands Township.
Propane Delivery Services Page 19 of 32Section 9: Supply Requirements A. All bidders shall have propane supply contracts which shall assure the continuous supply of product during the contract period. In the event the successful Bidder offers to supply their service to the Township for the same price as awarded for this bid for any succeeding period, or in the event the successful Bidder is willing to negotiate any justifiable price increase at the time of the succeeding Contract renewal period, and it would be economical and in the best interest of the Township, and provided the services have been to the satisfaction of the Township, the Township reserves the right to extend any Contract resulting from this proposal on a term-by-term basis to the successful Bidder awarded the Contract. The maximum contract length, with renewals, will be three (3) years. Bidders may be required to furnish information supporting their ability to supply, without major interruption, the products covered in this bid. B. The successful Bidder(s) shall have a reliable source of supply such as a major refiner to assure a continuous supply. However, it shall be the successful bidder’s responsibility to manage purchases from all sources so as not to jeopardize his ability to purchase fuel for the Township in periods of tight supply; or, when, and if Federal, State or Local regulations are re- instituted. C. All bidders shall have sufficient product storage capacity to supply a quantity equal to one months’ usage of product should the bidder(s) be unable to obtain product from his supplier(s) during any one month of the contract period. Initial Here_____________ Date__________________ Propane Delivery Services Page 20 of 32
Section 10: Federally Required Contract Clauses
13.1 No Obligation by the Federal Government
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party
to that contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
13.2 Program Fraud and False or Fraudulent Statements and Related Acts
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part
31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project
that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §
5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.
13.3 Access to Records and Reports
Propane Delivery Services Page 21 of 3249 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access
to any books, documents, papers and records of the Contractor which are directly pertinent to this contract
for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant
to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined
at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49
U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized
representatives, including any PMO Contractor, access to the Contractor's records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital
project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and
is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees
to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly
authorized representatives with access to any books, documents, papers and record of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1)
through other than competitive bidding, the Contractor shall make available records related to the contract to
the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the
event of litigation or settlement of claims arising from the performance of this contract, in which case
Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions
related thereto. Reference 49 CFR 18.39(i)(11).
FTA does not require the inclusion of these requirements in subcontracts.
13.4 Federal Changes
Propane Delivery Services Page 22 of 3249 CFR Part 18
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's
failure to so comply shall constitute a material breach of this contract.
13.5 Civil Rights Requirements
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section
303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
that it will not discriminate against any employee or applicant for employment because of race, color, creed,
national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.
§ 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment
Propane Delivery Services Page 23 of 32Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part
with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
13.6 Incorporation of Federal Transit Administration (FTA) Terms
FTA Circular 4220.1F
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in
FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all
FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any of The
Woodlands Township requests which would cause the Township to be in violation of the FTA terms and conditions.
13.7 Energy Conservation Requirements
42 U.S.C. 6321 et seq.
49 CFR Part 18
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
13.8 Termination
49 U.S.C. Part 18
FTA Circular 4220.1E
1. Termination for Convenience (General Provision) The Woodlands Township may terminate this contract, in
whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest.
The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to the Township to be
paid the Contractor. If the Contractor has any property in its possession belonging to the Township, the
Contractor will account for the same, and dispose of it in the manner the Township directs.
2. Termination for Default (General Provision) If the Contractor does not deliver supplies in accordance with the
contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner
called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the
Township may terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The contractor
will only be paid the contract price for supplies delivered and accepted, or services performed in accordance
with the manner of performance set forth in the contract.
If it is later determined by the Township that the Contractor had an excusable reason for not performing, such
as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the
Township, after setting up a new delivery of performance schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.
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